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WISCONSIN
ADMINISTRATIVE CODE
Department of Children and Families
Division of Early Care and Education
DCF 251
LICENSING RULES FOR GROUP
CHILD CARE CENTERS
effective January 1, 2009
WISCONSIN ADMINISTRATIVE CODE
PREFACE
DCF 251
LICENSING RULES FOR GROUP CHILD CARE CENTERS
Effective January 1, 2009
Section 48.65, Stats., requires that persons operating child care centers which provide care and
supervision for 4 or more children under age 7 years for less than 24 hours a day be licensed. The
statutes also require the Department of Children and Families to establish rules which must be met in
order to qualify for a license and which protect and promote the health, safety and welfare of the
children in the care of the child care center.
Chapter DCF 251 is the rule governing Group Child Care Centers, which provide care and
supervision to 9 or more children for less than 24 hours a day. There are also other rules governing
the out-of-home care of children. DCF 250 is the rule for Family Child Care Centers where care and
supervision is provided for between 4 and 8 children under age 7. DCF 252 is the rule for day camps
which are licensed child care centers that provide an experience in a seasonal program oriented to the
out-of-doors for periods of less than 24 hours a day.
Licensing rules should not be confused with certification for public funding of child care providers
who care for between 1 and 3 children under age 7.
Clearly, the fact that a child care center is licensed in no way diminishes the responsibility of parents
for vigilance in ensuring that their children are receiving care which protects their physical well-being
and encourages healthy intellectual and emotional development.
Whenever the rules in this chapter indicate that materials such as an application for licensure, a
request for exception to a specific rule or a complaint about a center are to be sent to or requested
from the Department, please refer to Appendix A which identifies the appropriate regional licensing
office serving the county in which the center is located.
There is a header on each page that contains the rule cite for the section of the rule beginning on that
page. A table of contents and an index are also included in this document as are appendices that
contain key statutes related to the child care rules, a copy of DHS 12 (administrative rules governing
caregiver background checks), a list of items needed for a group child care center and other
appendices referenced in the rule.
This publication may be duplicated.
It is available from the Department’s web page
http://dcf.wisconsin.gov/childcare/licensed/Index.HTM.
WISCONSIN ADMINISTRATIVE CODE
TABLE OF CONTENTS
DCF 251.01 AUTHORITY AND PURPOSE .....................................................................................................1
DCF 251.02 APPLICABILITY ...........................................................................................................................1
(1) Included and excluded care arrangements ...............................................................................................1
(2) Exception .................................................................................................................................................1
DCF 251.03 DEFINITIONS ................................................................................................................................2
DCF 251.04 OPERATIONAL REQUIREMENTS ...........................................................................................6
(1) Terms of a ................................................................................................................................................6
(2) Administration .........................................................................................................................................6
(3) Reports .....................................................................................................................................................7
(4) Parents......................................................................................................................................................8
(5) Staff records .............................................................................................................................................9
(6) Children’s records ....................................................................................................................................9
(7) Confidentiality .......................................................................................................................................11
(8) Reporting child abuse.............................................................................................................................11
DCF 251.05 STAFFING.....................................................................................................................................12
(1) Responsibilities and qualifications of staff. ...........................................................................................12
(2) Staff development ..................................................................................................................................16
(3) Supervision. ...........................................................................................................................................17
(4) Staffing and grouping.............................................................................................................................18
DCF 251.06 PHYSICAL PLANT AND EQUIPMENT...................................................................................19
(1) Building. ................................................................................................................................................19
(2) Protective measures................................................................................................................................19
(3) Emergencies...........................................................................................................................................20
(4) Fire protection........................................................................................................................................20
(5) Sanitation. ..............................................................................................................................................20
(6) Water......................................................................................................................................................21
(7) Indoor space. ..........................................................................................................................................21
(8) Furnishings.............................................................................................................................................21
(9) Kitchens. ................................................................................................................................................22
(10) Washroom and toilet facilities. ..............................................................................................................23
(11) Outdoor play space.................................................................................................................................24
(12) Swimming areas.....................................................................................................................................25
DCF 251.07 PROGRAM....................................................................................................................................27
(1) Program planning and scheduling..........................................................................................................27
(2) Child guidance. ......................................................................................................................................27
(3) Equipment. .............................................................................................................................................28
(4) Rest periods............................................................................................................................................28
(5) Meals and snacks. ..................................................................................................................................29
(6) Health.....................................................................................................................................................29
(7) Pets and animals.....................................................................................................................................33
(8) Miscellaneous activities. ........................................................................................................................33
DCF 251.08 TRANSPORTATION. ..................................................................................................................34
(1) Applicability. .........................................................................................................................................34
(2) General...................................................................................................................................................34
(3) Driver. ....................................................................................................................................................34
(4) Vehicle. ..................................................................................................................................................34
(5) Vehicle capacity and supervision...........................................................................................................35
(6) Regularly scheduled transportation........................................................................................................35
(7) Center vehicles.......................................................................................................................................35
DCF 251.09 ADDITIONAL REQUIREMENTS FOR INFANT AND TODDLER CARE. ........................36
(1) Applicability and general requirements. ................................................................................................36
(2) Daily program. .......................................................................................................................................36
(3) Feeding...................................................................................................................................................37
(4) Diapering and toileting...........................................................................................................................37
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WISCONSIN ADMINISTRATIVE CODE
DCF 251.095 EXCEPTIONS AND ADDITIONAL REQUIREMENTS SCHOOL-AGE CARE. ............. 39
(1) Applicability.......................................................................................................................................... 39
(2) Exceptions for group child care centers serving only school-age children............................................ 39
(3) Exceptions for group child care centers serving only school-age children in school buildings ............ 39
(4) Additional requirements for group child care centers serving school-age children............................... 39
DCF 251.10 ADDITIONAL REQUIREMENTS FOR NIGHT CARE......................................................... 41
(1) Applicability.......................................................................................................................................... 41
(2) General requirements............................................................................................................................. 41
(3) Program. ................................................................................................................................................ 41
(4) Preventive measures. ............................................................................................................................. 41
(5) Feeding. ................................................................................................................................................. 41
(6) Sleep. ..................................................................................................................................................... 41
DCF 251.11 LICENSING ADMINISTRATION............................................................................................. 42
(1) General conditions for approval of license............................................................................................ 42
(2) Initial application for a probationary license. ........................................................................................ 42
(3) Obtaining a regular license. ................................................................................................................... 43
(4) Continuing a regular license. ................................................................................................................. 43
(5) Amending a license. .............................................................................................................................. 44
(6) Additional license.................................................................................................................................. 44
(7) License denial or revocation.................................................................................................................. 44
(8) Effect of notice to deny or revoke a license. ......................................................................................... 45
(9) Summary suspension of a license.......................................................................................................... 45
(10) Appeal of decision to deny or revoke a license. .................................................................................... 46
DCF 251.12 COMPLAINTS, INSPECTIONS AND ENFORCEMENT ACTIONS. .................................. 48
(1) Complaints............................................................................................................................................. 48
(2) Inspection. ............................................................................................................................................. 48
(3) Enforcement action................................................................................................................................ 48
APPENDIX A REGIONAL OFFICES OF THE DIVISION OF EARLY CARE AND EDUCATION ... 49
APPENDIX B CACFP MEAL PATTERN REQUIREMENTS - AGES 1 TO 12 ...................................... 50
APPENDIX C CACFP MEAL PATTERN REQUIREMENTS - BIRTH THROUGH 11 MONTHS ..... 51
APPENDIX D CONSUMER PRODUCTS SAFETY COMMISSION (WWW.CPSC.GOV) ................... 52
APPENDIX E REQUIRED ITEMS FOR GROUP CHILD CARE CENTERS ......................................... 53
APPENDIX F KEY STATUTES RELATED TO LICENSING OF CHILD CARE CENTERS .............. 56
APPENDIX G DHS 12 CAREGIVER BACKGROUND CHECKS ............................................................ 68
APPENDIX H CHILD CARE STAFF-TO-CHILD RATIO WORKSHEET .............................................. 78
APPENDIX I INSTRUCTIONS FOR OBTAINING DEPARTMENT FORMS....................................... 79
INDEX ................................................................................................................................................................ 80
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WISCONSIN ADMINISTRATIVE CODE
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DCF 251.01 Authority and purpose. This chapter is promulgated under the authority of s.
48.67, Stats., to establish licensing requirements under s. 48.65, Stats., for group child care centers for
children. The purpose of this chapter is to protect the health, safety and welfare of children being
cared for in group child care centers.
DCF 251.02 Applicability.
(1) INCLUDED AND EXCLUDED CARE ARRANGEMENTS. This chapter applies to all group child
care centers, whether the facility in which the child care and supervision are provided is known as a
day care center, nursery school or preschool, head start or school-age child care program, or by any
other designation, but it does not apply to the following:
(a) Care and supervision of children in a program, including religious education classes, which
operates no more than 4 hours a week.
(b) Group lessons to develop a talent or skill, such as dance or music lessons, social group
meetings and activities and group athletic activities.
(c) Care and supervision while the child’s parent is on the premises and is engaged in shopping,
recreation or other non-work activities.
(d) Care and supervision provided at the site to the child of a recipient of temporary assistance to
needy families or Wisconsin works who is involved in orientation, enrollment or initial assessment
prior to the development of an employability plan or the child care is provided where parents are
provided training or counseling.
(e) Seasonal programs of 10 days or less duration in any 3-month period, including day camps,
vacation bible schools and holiday child care programs.
(f) Care and supervision in emergency situations.
(g) Care and supervision while the child’s parent is employed on the premises if the child
receives care and supervision for no more than 3 hours a day.
Note: Section 48.65, Stats., exempts parents, guardians and certain other relatives; public and parochial
(private) schools; persons who come to the home of the child’s parent to provide care for less than 24 hours per
day; and counties, cities, towns, school districts and libraries that provide programs for children primarily
intended for social or recreational purposes from the requirement of a license. As specified under s. 49.155(4),
Stats., or s. DCF 201.04(1), programs, other than those operated by public schools, are required to be licensed
by the department or certified by a county agency in order to be eligible to receive a child care subsidy. To be
eligible for child care subsidy payments under s. 49.155(4), Stats., or DCF 201.04(1), programs, other than
those operated by public schools, may be required to be licensed by the department or certified by a county
agency.
(2) EXCEPTION TO A REQUIREMENT. The department may grant an exception to a requirement of
this chapter when it is demonstrated to the satisfaction of the department that granting the exception
will not jeopardize the health, safety or welfare of any child served by the center. A request for an
exception shall be in writing, shall be sent to the department and shall include justification for the
requested action and a description of any alternative provision planned to meet the intent of the
requirement.
Note: A request for an exception to a requirement of this chapter should be sent to the licensing
representative at the appropriate field office of the Department’s Division of Early Care and Education. See
Appendix A for addresses of the regional offices.
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WISCONSIN ADMINISTRATIVE CODE
DCF 251.03 Definitions. In this chapter:
(1) “Administrator” means the person responsible to the licensee for management of the group
child care center.
(2) “Assistant child care teacher” means a child care worker who works under the supervision of
a child care teacher and meets the qualifications under s. DCF 251.05(1)(e).
(3) “Care” means providing for the safety and the developmental needs of a child in a group
child care center.
(3m) “Caregiver background check” means the retrieval of information about an individual’s
past criminal conduct pursuant to s. 48.685, Stats., and ch. DHS 12 that may bear on the suitability of
that individual to assume a child caregiving role or have regular contact with children at the center.
(4) “Center director” means the person responsible to the licensee for the supervision of the
center’s program for children and for the supervision of the center’s staff and who meets the
qualifications of s. DCF 251.05(1)(c).
(4g) “Center-provided transportation” means transportation provided in a vehicle owned, leased
or contracted for by the center or in volunteer or staff-owned vehicles regardless of whether the driver
is reimbursed for the use of the vehicle.
(4m) “Center-provided vehicle” means a vehicle owned or leased by the center or a vehicle
owned by the licensee or an employee that is used to transport children, but does not include a vehicle
owned and driven by a parent or volunteer.
(5) “Child care teacher” means a child care worker who plans, implements and supervises the
daily activities for a designated group of children and meets the qualifications under s. DCF
251.05(1)(d).
(6) “Child care worker” means a child care teacher or assistant child care teacher in a group child
care center.
(8) “Complaint” means an allegation that a provision of this chapter or of ch. 48, Stats., has been
violated.
(8m) “Course for credit” means a course that is worth at least 2 credits from an institution of
higher education.
(8r)“Crib” means a bed for an infant or young child that is enclosed on 4 sides including play
pens and portable cribs.
(9) “Department” means the Wisconsin department of children and families.
(10) “Division” means the department’s division of early care and education.
(10m) “Emergency” means situations such as: fire, tornado, flood, extreme outdoor heat or cold,
loss of building service including, no heat, water, electricity, or telephone, threats to the building or
its occupants, lost or missing children or a circumstance such as a medical emergency, illness or other
situation requiring immediate attention that may be disruptive to a child or children in the care of the
center.
(11) “Field trip” means any experience a child has away from the premises of the center, while
under the care of center staff, whether a child walks or is transported.
WISCONSIN ADMINISTRATIVE CODE
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251.03(11g)
(11g) “Fit and qualified” means displaying the capacity to successfully nurture and care for
children and may include consideration of any of the following:
(a) Abuse of alcohol or drugs.
(b) A history of a civil or criminal conviction or administrative rule violation that substantially
relates to caring for children, as described in ch. DHS 12.
(c) Exercise of unsound judgment.
(d) A history of civil or criminal offenses or any other action that demonstrate an inability to
manage financial resources or the activities of a center.
(11r) “Full day center” means a center that accepts children for care for 5 or more consecutive
hours in a day.
(12) “Group” means a specific number of children who have a regularly assigned child care
worker and who are cared for in the same self-contained room or area at the center.
(13) “Group child care center” or “center” means a facility where a person for less than 24 hours
a day provides care and supervision for 9 or more children who are not related to the provider.
(13m) “Hazard” means a potential source of harm that can jeopardize the health, safety or wellbeing of children in care.
(14) “HealthCheck provider” means a provider of health assessment and evaluation services
eligible to be certified under s. DHS 105.37(1)(a).
(14g) “In care” means enrolled in the center, with the center providing supervision, either on or
off the premises, for the safety and the developmental needs of the child or children.
(14r) “Inclement weather” means stormy or severe weather such as any of the following:
(a) Heavy rain.
(b) Temperatures above 90 degrees Fahrenheit.
(c) Wind chills of 0 degrees Fahrenheit or below for children age 2 and above.
(d) Wind chills of 20 degrees Fahrenheit or below for children under age 2.
(15) “Infant” means a child under one year of age.
(16) “Institution of higher education” means an educational institution which meets all of the
following criteria except, in the case of a business school or technical institution, par. (c):
(a) Admits as regular students only persons having a certificate of graduation from a school
providing secondary education, or the recognized equivalent of such a certificate;
(b) Is legally authorized to provide a program of education beyond secondary education;
(c) Provides an education program for which it awards a bachelor’s degree or provides not less
than a 2-year program which is acceptable for full credit toward that degree; and
(d) Is accredited by a nationally recognized accrediting agency or association or, if not
accredited, is an institution whose credits are accepted, on transfer, by not less than 3 institutions
which are accredited, for credit on the same basis as if transferred from an institution that is
accredited.
(17) “Licensee” means the corporation, individual, partnership or non-incorporated association
or cooperative which has legal and financial responsibility for the operation of a child care center and
for meeting the requirements of this chapter.
(18) “Licensing representative” means a department employee responsible for licensing group
child care centers.
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251.03(18m)
WISCONSIN ADMINISTRATIVE CODE
(18m) “Mildly ill” means a child who has a common, temporary illness that is non-progressive
in nature and is not listed on the communicable disease chart in appendix A of ch. DHS 145.
(19) “Night care” means any care that is offered by a licensed group child care center between
9:00 p.m. and 5:00 a.m.
(20) “Parent” means either “parent” as defined in s. 48.02(13), Stats., or “guardian” as defined
in s. 48.02(8), Stats.
(21) “Parent cooperative” means a center organized by parents for their preschool children in
which the parents have decision-making authority to establish and change policy, program and
personnel practices.
(22) “Parochial or private school” means an educational program which meets all the criteria
specified under s. 118.165(1), Stats., or as determined by the superintendent of public instruction
under s. 118.167, Stats.
(22g) “Part day center” means a center where a defined group of children attend for a specified
period of time that is less than 5 consecutive hours in length.
(22r) “Physical Restraint” means the use of physical force to restrict the free movement of all or
part of a child’s body.
(23) “Physician” has the meaning prescribed in s. 448.01(5), Stats.
(24) “Physician assistant” has the meaning prescribed in s. 448.01(6), Stats.
(25) “Premises” means the tract of land on which a center is located, including all buildings and
structures on that land.
(26) “Regularly assigned child care worker” means a child care worker who is assigned to a
specific group of children in a self-contained room or area for not less than 5 hours per day.
(26m) “Representative of the department” means a department employee or a representative
from an agency the department contracts with to provide pre-licensing services.
(27) “School-age child” means a child 5 years of age or older who is enrolled in a public school
or a parochial or other private school.
(28) “Self-contained room or area” means a room separated by permanent walls or an area
separated by permanent or portable partitions or dividers acting as a visual barrier for children which
is reserved for a group of children and contains the indoor equipment and furnishings required for that
group.
(28m) “Shaken baby syndrome” or “SBS” means a severe form of brain injury that occurs when
an infant or young child is shaken or thrown forcibly enough to cause the brain to rebound against his
or her skull.
(29) “Sleeping bag” means a padded fabric bag that is closed or capable of being closed on three
sides.
(29g) “Substitute” means a person who replaces a regularly scheduled person and meets the
requirements under s. DCF 251.05(1)(j).
WISCONSIN ADMINISTRATIVE CODE
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251.03(29m)
(29m) “Sudden infant death syndrome” or “SIDS” means the sudden death of an infant under
one year of age that remains unexplained after a thorough case investigation, including performance
of a complete autopsy, examination of the death scene and a review of the clinical history.
(30) “Supervision of children” means guidance of the behavior and activities of children for
their health, safety and well-being by child care workers who are within sight and sound of the
children.
(31) “Supervision of staff” means guidance of the behavior and activities of center employees
which may include provision of instructions to carry out activities for limited periods of time out of
sight or hearing of the supervisor.
(32) “Toddler” means a child at least one year of age but less than 2 years of age.
(33) “Universal precautions” means measures taken to prevent transmission of infection from
contact with blood or other potentially infectious material, as recommended by the U.S. public health
services centers for disease control and adopted by the U.S. occupational safety and health
administration (OSHA) as 29 CFR 1910.1030.
Note: “Standard precautions” for infection control measures incorporate universal precautions.
Information on the OSHA requirements related to standard or universal precautions is available on the OSHA
web site at http://www.osha.gov. Information is also available from the Child Care Information Center, 1-800362-7353.
(34) “Volunteer” means a person who is not paid, but agrees to give time, with or without
reimbursement for expenses, to transport children attending a group child care center or to work in a
group child care center.
(35) “Wading pool” means a shallow pool, with sides 15 inches or less in height, capable of
being dumped to change water and used primarily for small children.
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WISCONSIN ADMINISTRATIVE CODE
DCF 251.04 Operational requirements.
(1) TERMS OF A LICENSE.
(a) The number of children at a group child care center at any one time may not exceed the
number for which the center is licensed.
(b) The age of children served by a center may not be younger or older than the age range
specified in the license.
(c) The hours, days and months of a center’s operation may not exceed those specified in the
license.
(2) ADMINISTRATION. A group child care center licensee shall do all of the following:
(a) Comply with all laws governing the facility and its operation.
Note: Under the state public accommodation law, s. 106.52(3), Stats., as well as federal statutes and
regulations related to use of federal funding, and some local anti-discrimination ordinances, denying admission
on the basis of race, handicap, religion or certain other characteristics may be illegal.
(b) Comply with all requirements of this chapter.
(c) Ensure that all information provided to the department is current and accurate.
(d) If residing in another state, designate in writing, as part of the application under s. DCF
251.12(2), a Wisconsin resident who is responsible on behalf of the licensee for ensuring compliance
with all requirements of this chapter.
(e) Meet, upon request of the department, with a licensing representative on matters pertaining to
the license.
(f) Prior to receiving or continuing a license, complete all application forms and pay all fees and
forfeitures due to the department.
(g) Submit to the department a certificate of insurance reflecting
1. current dates of coverage for all of the following:
a. General liability insurance which provides coverage with limits of not less than $25,000 for
each person and total limits of $75,000 for each occurrence.
b. Vehicle liability insurance, when transportation is provided by the center, with minimums no
less than those specified in s. 121.53, Stats.
c. Non-owned vehicle liability insurance when transportation is provided in vehicles not owned
by the center, excluding public transportation vehicles and chartered vehicles, with minimums no less
than those specified in s. 121.53, Stats.
2. An indication that pets are included in the liability coverage if cats or dogs are permitted in
areas of the center accessible to children during the hours of operation.
(h) Develop, submit to the department for review and implement written policies on the
following subjects:
1. Fee payments and refunds.
2. Personnel, including job descriptions, hours of work, lunch and break times, holidays,
vacations, sick leaves, leaves of absence, probationary periods, performance evaluations, grievance
procedures and the disciplinary process. The personnel policy shall contain a procedure that requires
staff to notify the licensee and the licensee to notify the department as soon as possible but no later
than the next business day when any of the following occurs:
a. The employee has been convicted of a crime.
b. The employee has been or is being investigated by any governmental agency for any other
act, offense, or omission, including an investigation related to the abuse or neglect or threat of abuse
or neglect, to a child or other client, or an investigation related to misappropriation of a client’s
property.
c. The employee has a substantiated governmental finding against them for abuse or neglect of a
child or adult or for misappropriation of a client’s property.
d. When a professional license held by an employee has been denied, revoked, restricted or
otherwise limited.
3. Discharge of enrolled children.
(i) Develop, submit to the department for approval and implement as approved written policies
and plans, consistent with the requirements of this chapter, on the following subjects:
1. Admission.
WISCONSIN ADMINISTRATIVE CODE
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251.04(2)(i)2.
2. Health care. If the center is licensed to care for children under one year of age, Sudden Infant
Death Syndrome risk reduction procedures shall be included.
3. Education.
4. Nutrition.
5. Child guidance including appropriate ways to manage crying, fussing or distraught children.
6. Contingency plans to be followed in the event of a fire, tornado, missing child or other
emergency.
7. Continuing education of staff.
8. Orientation of new staff and volunteers.
9. Transportation, if the center will transport children either on field trips or on a regular
schedule. The policy shall include a procedure to ensure that no child is left unattended in a vehicle.
(j) Ensure that all published statements such as brochures and publicity releases are accurate.
(k) Post the child care license near the entrance or in some other conspicuous area of the center
that is visible to the public.
(L) Post next to the child care center license the results of the most recent licensing inspection,
including any rule violations cited by the department and any notice of enforcement action including,
license revocation or denial and any stipulations, conditions, exceptions, or exemptions that affect the
license.
(m) Ensure that any action, by commission or omission, or any condition or occurrence relating to
the operation or maintenance of the child care center does not adversely affect the health, safety or
welfare of any child under the care of the licensee.
(n) Submit to the department by the department’s next business day a completed Background
Information Disclosure form and appropriate caregiver background check fees when there is a change
in the board chairperson or a person aged 10 and above becomes a household member.
(o) Submit to the department by the department’s next business day a completed Background
Information Disclosure form for each current household member who turns age 10.
Note: For more information about caregiver background checks refer to the administrative rule under ch.
DHS 12. Information on how to obtain a copy of the Background Information Disclosure form is available on
the department’s website, http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.
(p) Submit a current delegation of administrative authority signed by the licensee that outlines
the organizational structure and designates, in a chain of command form, those persons on the
premises in charge of the center for all hours of operation.
(3) REPORTS. The licensee shall report to the department all of the following. If the report is
made by telephone, the licensee shall submit a written report to the appropriate regional licensing
office within 5 business days of the incident. Fax, e-mail, and letter are acceptable ways of filing a
written report:
(a) Any death of a child in the care of the center or any incident or accident that occurs while the
child is in the care of the center that results in an injury that requires professional medical treatment
within 48 hours of the licensee becoming aware of the medical treatment.
Note: The licensee may use either the department’s form, Accident Report — Child Care Centers, or the
licensee’s own form to report incidents, accidents or deaths. Information on how to obtain the department’s
form is available on the department’s website, http://dcf.wisconsin.gov, or from any regional licensing office in
Appendix A.
(b) Any damage to the premises which may affect compliance with this chapter, within 24 hours
after the occurrence.
(c) A change in the administrator or center director of a child care center, within 30 days after the
change.
(d) A change of any program service, at least 5 days prior to the change.
(e) Statistical data required by the department on forms provided by the department.
(f) If requested by the department, a plan of correction for cited violations of this chapter or ch.
48, Stats., in a format specified by the department. The department shall receive the plan of
correction by the date the department specifies and be approved by the department licensing
representative.
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251.04(3)(f)Note:
WISCONSIN ADMINISTRATIVE CODE
Note: The licensing representative will notify the licensee if a plan of correction is required and provide
the plan of correction format with the notification.
(g) Any known convictions, pending charges or other offenses of the licensee, child care center
employees or other person subject to a caregiver background check which could potentially relate to
the care of children at the center or activities of the center by the Department’s next business day.
Note: See s. DCF 251.04(8) on reporting suspected child abuse, s. DCF 251.04(6)(c) on maintaining a
center medical log book and s. DCF 251.07(6)(a) 2. on logging injuries in a center medical log.
(h) Any change in room usage, such as changing the way rooms are primarily used by children or
using rooms not previously approved for use at least 20 working days prior to the change. Changes in
room usage shall be approved by the department prior to the change.
(i) Any incident related to a child who leaves the premises of the center without the knowledge
of the provider or any incident that results in a provider not knowing the whereabouts of a child in
attendance at the center within 24 hours of the occurrence.
(j) Any suspected abuse or neglect of a child by an employee or volunteer that was reported
under s. DCF 251.04(8)(a) or any inappropriate discipline of a child by an employee or volunteer
including any incident that results in a child being forcefully shaken or thrown against a surface, hard
or soft, during the child’s hours of attendance within 24 hours after the occurrence.
(k) Any incident involving law enforcement within 24 hours after the occurrence that:
1. Involves a licensee, a household resident or an employee of the center in an incident that
causes, or threatens to cause, physical or serious emotional harm to an individual, including a child in
the care of the center.
2. Involves any traffic-related incident where a person responsible for the violation transports
children in the care of the center.
(L) Any construction or remodeling on the premises that has the potential to affect an area
accessible to children or a condition of the license. Notification shall be provided in writing before
the construction or remodeling begins.
Note: See s. DCF 251.11(5)(a) for items that affect a condition of the license.
Note: It is recommended that the licensee check with the local municipality to determine whether a
building permit is required before beginning any construction or remodeling.
(m) Any confirmed case of a communicable disease reportable under ch. DHS 145 in a child
enrolled at the child care center or a person in contact with children at the center within 48 hours.
(n) Any change in meal preparation arrangements or transportation services at least 5 calendar
days before the change. Centers adding meal preparation after an initial license has been issued shall
document compliance with building codes related to kitchens before beginning to prepare meals on
the premises.
(4) PARENTS.
(a) The center administrator shall notify the parents of an enrolled child of all of the following:
1. When their child has been exposed to a diagnosed or suspected communicable disease
reportable under ch. DHS 145 and transmitted through normal contact.
2. Immediately, if the child becomes ill or is injured seriously enough to require professional
medical treatment.
3. When they pick up the child or when the child is delivered, if the child sustains a minor
injury.
4. Of the date, time and destination of any field trip which requires the use of a vehicle.
(b) The center shall permit parents to visit and observe at any time during the center’s hours of
operation, unless access is prohibited or restricted by court order.
(c) The center shall make opportunities available at least twice each year for parent and staff
communication regarding the child’s adjustment to the program, and the child’s growth and
development.
Note: When a child care worker or a parent has concerns about a child’s growth or development, a referral
to a Birth-to-Three agency or the local public school should be considered to determine if the child is eligible
for special services. Wisconsin has an information and referral service for persons with questions or concerns
about a child’s development called First Step that is available to the public 24 hours a day, 7 days a week.
When a call is placed to First Step at 1-800-642-7837, the caller will learn about early intervention services as
well as other related services in the area.
WISCONSIN ADMINISTRATIVE CODE
9
251.04(4)(d)
(d) If religious training is part of the center program, reference to the religious component shall
be included in any publicity and in the education policy. This information shall be shared with
parents.
(e) The center shall provide a summary of this chapter to the parents of each child upon the
child’s enrollment.
Note: Copies of a summary of this chapter may be obtained from the Child Care Information Center, 2109
S. Stoughton Rd., Madison, WI 53716, 1-800-362-7353.
(f) A copy of this chapter shall be posted or available in an area of the center where parents are
likely to see it.
(g) A copy of the child care policies of the center shall be made available to the parents in an area
of the center accessible to parents. Personnel policies need not be included.
(5) STAFF RECORDS.
(a) The licensee shall maintain a file on each employee which is available for examination by the
licensing representative at the center. An employee’s file shall include all of the following:
1. The employee’s name, address, date of birth, education, position, previous work experience
in child care including reason for leaving previous positions, and the name, address and telephone
numbers of persons to be notified in an emergency.
Note: The licensee may use the department’s form, Staff Record — Child Care Centers, or the licensee’s
own form for recording staff information. Information on how to obtain the department’s form is available on
the department’s website, http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.
2. A background information disclosure form, completed prior to the employee’s first day of
employment and every 4 years thereafter, that does not reveal any information which may preclude
the person’s employment under s. 48.685, Stats., or ch. DHS 12.
Note: The department’s form, Background Information Disclosure, is used for reporting background
information. Information on how to obtain the form is available on the department’s website,
http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.
3. A complete caregiver background check as specified in s. 48.685, Stats., and ch. DHS 12
including the results of any subsequent investigation related to information obtained as part of the
background check within 60 days of employment and every 4 years thereafter.
4. The physical examination report required under s. DCF 251.05(1)(j)1.
5. A certificate from The Registry documenting that the person has met the educational
qualifications for the position if the person has worked as a teacher, director or administrator at the
center for at least 3 months. A copy of an educator’s license issued by the department of public
instruction as a teacher may substitute for a certificate from The Registry. For persons not required to
have a Registry certificate including assistant teachers and a teacher, center director or administrator
who has not worked for the center for more than 3 months, documentation of the person’s educational
qualifications shall be on file.
6. Documentation of orientation and continuing education received under s. DCF 251.05(2).
Note: The licensee may use either the Department’s form, Staff Continuing Education Record — Child
Care Centers, or the licensee’s own form to document the completion of continuing education. The licensee
may use either the Department’s form, Staff Orientation Checklist — Group Child Care Centers, or the
licensee’s own form to document completion of staff orientation. Information on how to obtain Department’s
forms is available on the department’s website, http://dcf.wisconsin.gov, or from any regional licensing office in
Appendix A.
7. Documentation of training in shaken baby syndrome prevention taken before beginning work
if the person will provide care and supervision to children under age 5.
8. Documentation of days and hours worked when the person was included in the staff-to-child
ratio.
(b) Adults who work at the center and who are compensated from sources other than the center,
and student teachers, shall meet the staff record requirements specified in par. (a)1., 2. and 3.
(6) CHILDREN’S RECORDS.
(a) The licensee shall maintain a current written record obtained prior to the child’s first day of
attendance or subsequent re-enrollment at the center on each child enrolled and shall make the record
available to the licensing representative on request. Each record shall include all of the following:
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251.04(6)(a)1.
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1. Enrollment information consisting of:
a. The name and birthdate of the child.
b. The full names of the child’s parents.
c. The child’s home address and telephone number.
d. An address and telephone number where a parent can be reached while the child is in care.
e. The name, address, telephone number and relationship to the child of a person to be notified
in an emergency when a parent cannot be reached immediately.
f. The name, address and telephone number of a physician or medical facility caring for the
child.
g. The names, addresses and telephone numbers of persons other than a parent authorized to call
for the child or to accept the child who is dropped off.
h. The child’s first day of attendance at the center.
i. For an infant or toddler, a current statement from the parent about the infant or toddler’s
habits of eating, sleeping, toileting and communication, and specific techniques which appear to
comfort the child.
Note: See HFS 46.09(1)(am) which specifies what written information must be obtained from the parent of
an infant or toddler. The licensee may use either the department’s form, Intake for Child under 2 Years —
Child Care Centers, or the licensee’s own form for recording information about each child under 2 years of age.
Information on how to obtain the department’s form is available on the department’s website,
http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.
2. Written consent from the parent for emergency medical care or treatment.
Note: The licensee may use either the department’s form, Child Care Enrollment, or the licensee’s own
form to obtain consent of the child’s parent for emergency medical treatment. Information on how to obtain the
department’s form is available on the department’s website, http://dcf.wisconsin.gov, or from any regional
licensing office in Appendix A.
3. Authorization from the parent to transport the child to and from the center, when
transportation is provided.
Note: The licensee may use either the department’s form, Transportation Permission — Child Care
Centers, or the licensee’s own form to obtain authorization to transport children to and from the Center.
Information on how to obtain the department’s form is available on the department’s website,
http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.
4. Authorization from the parent for the child to participate in and be transported for field trips
and other activities, if these are part of the center’s program.
Note: The licensee may use either the department’s form, Field Trip or Other Activity
Notification/Permission, or the licensee’s own form for securing parental information. The department’s form,
Child Care Enrollment, also contain authorization from a parent to participate in field trips if the center chooses
to use that form. Information on how to obtain the department’s form is available on the department’s website,
http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.
5. Authorization from the parent outlining the plan for a child to come to the center from school,
home or other activities or to go from the center to school, home or other activities unless the child is
accompanied by a parent or other authorized person or transported by the center.
Note: The licensee may use either the department’s form, Alternate Arrival/Release Agreement — Child
Care Centers, or the licensee’s own form for securing the parent’s authorization. Information on how to obtain
the department’s form is available on the department’s website, http://dcf.wisconsin.gov, or from any regional
licensing office in Appendix A.
6. Documentation of each child’s health history on a form provided by the department.
Note: The department’s form, Health History and Emergency Care Plan is used for health history
information. Information on how to obtain the form is available on the department’s website,
http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.
6m. Documentation of each child’s immunization history.
Note: The form, Day Care Immunization Record, may be used to record immunization information. An
electronic printout from the Wisconsin Immunization Registry or other registry maintained by a health care
provider may be used in place of the Day Care Immunization Record. Information on how to obtain the form is
available on the department’s website, http://dcf.wisconsin.gov, or from any regional licensing office in
Appendix A.
7. Specific informed written consent from the parent for each incident of participation by a child
in any research or testing project.
WISCONSIN ADMINISTRATIVE CODE
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251.04(6)(a)7.Note:
Note: The licensee may use either the department’s form, Informed Consent for Observation or Testing by
an Outside Agency — Child Care Centers, or the licensee’s own form for securing the parent’s written consent.
Information on how to obtain the department’s form is available on the department’s website,
http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.
8. The health examination report required under s. DCF 251.07(6)(k)3.
(b) The licensee shall maintain a current, accurate written record of the daily attendance and date
of birth of each child for the length of time the child is enrolled in the program. The actual time of
arrival and departure for each child shall be recorded if hours of arrival and departure vary among
children.
Note: The form, Daily Attendance Record — Child Care, may be used to record a child’s daily attendance.
Information on how to obtain the department’s form is available on the department’s website,
http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.
(c) The licensee shall maintain a log or logs for medication and injury and shall record daily any
injuries received by a child or medication dispensed to a child, as follows:
1. The log shall be in a book with stitched binding with pages that are lined and numbered. The
pages may not be removed or lines skipped.
2. Entries shall be made in ink on the date of occurrence and shall be dated and signed or
initialed by the person making the entry.
Note: See s. DCF 251.07(6)(f) and (j) for information on recording entries in the center medical log book.
(7) CONFIDENTIALITY. The licensee is responsible for the compliance of child care center
employees and volunteers with s. 48.78, Stats., and this subsection. The licensee shall ensure that:
(a) Persons having access to children’s records do not discuss or disclose personal information
regarding the children and facts learned about the children and their relatives. This does not apply to:
1. The parent or a person authorized in writing by the parent to receive the information.
2. Any agency assisting in planning for the child when informed written parental consent has
been given.
3. Agencies authorized under s. 48.78, Stats.
(b) A parent, upon request, has access to all records and reports maintained on his or her child.
(c) All records required by the department under this chapter for licensing purposes are available
to the licensing representative.
(8) REPORTING CHILD ABUSE.
(a) A licensee, employee or volunteer at a child care center who knows or has reasonable cause
to suspect that a child has been abused or neglected as defined in ss. 48.02(1) and 48.981(1), Stats.,
shall immediately contact the county department of social services or human services or a local law
enforcement agency, as required by s. 48.981, Stats.
(b) The licensee, shall ensure that every employee and volunteer who comes in contact with the
children at the child care center has received training every 2 years in all of the following:
1. Child abuse and neglect law.
2. How to identify children who have been abused or neglected.
3. The procedure for ensuring that known or suspected cases of child abuse or neglect are
immediately reported to the proper authorities.
Note: Failure of the licensee to report known or suspected child abuse or neglect does not lessen the legal
duty of a child care employee to report known or suspected cases of child abuse or neglect. Information related
to child abuse may be obtained from the Child Care Information Center, 2109 S. Stoughton Rd., Madison, WI
53716, 1-800-362-7353.
Note: See s. DCF 251.04(3)(j) on reporting suspected abuse of a child by a staff member to the
Department.
WISCONSIN ADMINISTRATIVE CODE
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DCF 251.05 Staffing.
(1) RESPONSIBILITIES AND QUALIFICATIONS OF STAFF.
(a) Competency. A child care worker, including the center administrator, center director, child
care teachers, assistant teachers, and volunteers counted in the staff to child ratio shall be physically,
mentally and emotionally able to provide responsible care for all children including children with
disabilities.
(b) Shaken baby syndrome prevention training. Except for a volunteer who is not counted in
staff-to-child ratios, each child care worker including the administrator, center director, teachers,
assistant teachers, and substitutes who provide care and supervision to children under 5 years of age
shall receive department-approved training in shaken baby syndrome and impacted babies and
appropriate ways to manage crying, fussing or distraught children. The training shall be completed
by one of the following methods:
1. Complete the department-approved, in-person training on shaken baby syndrome prevention
and impacted babies before the date on which the child care worker begins to work with children
under age 5 years.
2. View a department-approved video or complete a department-approved, web-based course on
shaken baby syndrome prevention before the date on which the child care worker begins to work with
children under age 5 years and complete a department-approved, in-person training within 6 months
of beginning to work with children under age 5.
Note: Department-approved training in shaken baby syndrome prevention is included in the departmentapproved non-credit courses called Introduction to the Child Care Profession and Fundamentals of Infant and
Toddler, if the course was taken after 7/1/05. Information on department-approved training in shaken baby
syndrome is available from the Child Care Information Center at 800-362-7353.
(c) Cardiopulmonary resuscitation training. All employees in regular contact with children shall
obtain and maintain a current certificate of completion for infant and child cardiopulmonary
resuscitation and automated external defibrillator use from an agency approved by the department
within 6 months after beginning to work with children. Volunteers included in determining staff-tochild ratios shall obtain a certificate of completion in infant and child cardiopulmonary resuscitation
after volunteering for 240 hours. The time spent obtaining or renewing cardiopulmonary
resuscitation training may be counted towards the required continuing education hours.
(d) Administrator.
1. The licensee may act as administrator of a group child care center. If the licensee does not
act as administrator, the licensee shall designate a person or persons to be the administrator or
administrators of the center. The administrator shall be responsible for the center’s management,
including personnel, finance, physical plant and the day to day operation of the center.
2. An administrator shall:
a. Be at least 21 years of age.
b. Have completed high school or its equivalent as determined by the Wisconsin department of
public instruction.
3. Before a person assumes the position of administrator, the person shall have both of the
following:
a. One year of experience as a manager or satisfactory completion of one credit or non-credit
department-approved course in business or program administration.
b. One year of experience as a center director or child care teacher in a licensed child care center
or kindergarten or satisfactory completion of one non-credit department-approved course or one
course for credit in early childhood education or its equivalent.
4. If the board of a parent cooperative is responsible for management of a center, the
requirements under subds. 2., and 3., do not apply.
5. Within one year of assuming the position, each administrator shall complete at least 10 hours
of training in supervision or personnel management, if the administrator has not previously received
that training. The training may be counted as part of the annual continuing education requirement.
(e) Center director.
1. The licensee may act as the center director. If the licensee does not act as center director, the
licensee shall designate a person or persons to be the center director for each center location.
WISCONSIN ADMINISTRATIVE CODE
13
251.05(1)(e)2.
2. The center director shall be responsible for the supervision of the planning and
implementation of the center’s program for children, the supervision of staff at the center, staff
meetings and orientation and continuing education for the staff.
3. A center director shall be employed on one of the following schedules:
a. At least 10 hours a week for the exclusive purpose of carrying out center director
responsibilities in a single full-day center location licensed for 50 or fewer children.
b. At least 20 hours a week for the exclusive purpose of carrying out center director
responsibilities in a single full-day center location licensed for 51 or more children.
4. A center director for a program licensed to serve 50 or fewer children shall:
a. Be at least 21 years of age.
b. Have completed high school or its equivalent as determined by the Wisconsin department of
public instruction.
c. Have at least 80 full days or 120 half days of experience as a teacher or assistant teacher in a
licensed child care center or other approved setting.
d. Prior to beginning to work as a center director have completed at least one of the following
training requirements:
i. Two non-credit department-approved courses in early childhood education and within one
year of assuming the position, one course in the Wisconsin Child Care Administrator Credential or its
equivalent.
ii. Two courses for credit in early childhood education and within one year of assuming the
position, one course in the Wisconsin Child Care Administrator Credential or its equivalent.
iii. Forty eight credits from an institution of higher education with at least 3 credits in early
childhood education and within one year of assuming the position, one course in the Wisconsin Child
Care Administrator Credential or its equivalent.
iv. A certificate from The Registry indicating the person is on Registry Level 12 or above.
v. A one-year child care diploma from an institution of higher education.
vi. An associate degree in early childhood education or child care from an institution of higher
education.
vii. Child development associate (CDA) credential issued by the council for early childhood
professional recognition and within one year of assuming the position, one course in the Wisconsin
Child Care Administrator Credential or its equivalent.
viii. A bachelor degree from an institution of higher education in early childhood education or
child development or a license from the Wisconsin department of public instruction to act as a
kindergarten, pre-kindergarten or early childhood (regular or special education) teacher.
Note: Information on how to obtain or renew a Wisconsin department of public instruction teacher license
is available on the DPI website, http://dpi.wi.gov/tepdl/index.html.
e. Complete at least 10 hours of training in supervision or personnel management within one
year of assuming the position of center director, if the director has not previously received that
training. The training may be counted as part of the annual continuing education requirement.
5. A center director for a program licensed to serve 51 or more children shall:
a. Be at least 21 years of age.
b. Have completed high school or its equivalent as determined by the Wisconsin department of
public instruction.
c. Have at least 2 years of experience as a child care teacher or center director in a licensed
child care center or other approved setting.
d. Prior to beginning to work as a center director have completed one of the following training
requirements:
i. Four non-credit department-approved courses in early childhood education or its equivalent
and within 3 years of assuming the position the Wisconsin Child Care Administrator Credential. Up
to two courses in the Wisconsin Child Care Administrator may be used to meet the early childhood
education requirement, if taken prior to beginning to work as a center director.
ii. Four courses for credit in early childhood education from an institution of higher education
and within 3 years of assuming the position, the Wisconsin Child Care Administrator Credential. Up
to two courses in the Wisconsin Child Care Administrator Credential may be used to meet the early
childhood education requirement, if taken prior to beginning to work as a center director.
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251.05(1)(e)5.d.iii.
WISCONSIN ADMINISTRATIVE CODE
iii. An associate degree in early childhood education or child care from an institution of higher
education.
iv. A bachelor degree in early childhood education from an institution of higher education or a
license from Wisconsin department of public instruction to act as a kindergarten, pre-kindergarten or
early childhood (regular or special education) teacher.
v. A certificate from The Registry indicating the person is on Registry Level 14 or above.
Note: Information on how to obtain or renew a Wisconsin department of public instruction teacher license
is available on the DPI website, http://dpi.wi.gov/tepdl/index.html.
(f) Child care teacher.
1. A child care teacher shall plan, implement and supervise the daily activities for a group of
children.
2. A person who is a child care teacher shall be at least 18 years of age and have completed high
school or its equivalent as determined by the Wisconsin department of public instruction.
3. A person who is a child care teacher shall document at least 80 full days or 120 half days of
experience as an assistant child care teacher in a licensed child care center or other approved early
childhood setting.
4. Prior to assuming the position, a person hired to be a child care teacher shall be qualified by
having completed one of the following:
a. Two non-credit department-approved courses in early childhood education.
b. Two courses for credit in early childhood education or its equivalent from an institution of
higher education.
Note: Introduction to the Child Care Profession and Skills and Strategies for the Child Care Teacher are
the names of the non-credit courses approved by the Department to meet the entry level training requirements
for a child care teacher.
c. Certificate from The Registry indicating that the person is qualified as a child care teacher.
d. Forty-eight credits from an institution of higher education with at least 3 credits in early
childhood education or its equivalent.
e. A one-year child care diploma from an institution of higher education.
f. An associate degree in early childhood education or child care from an institution of higher
education.
g. Child development associate credential issued by the council for early childhood professional
recognition.
h. Certificate from American Montessori Society, Association Montessori International, or
Montessori Accreditation Council for Teacher Education.
i. A bachelor degree in education from an institution of higher education or a license from the
Wisconsin department of public instruction to act as a teacher.
Note: Information on how to obtain or renew a Wisconsin department of public instruction teacher license
is available on the DPI website, http://dpi.wi.gov/tepdl/index.html.
j. Certificate from the bureau of apprenticeship standards as a child development specialist.
(g) Assistant child care teacher.
1. An assistant child care teacher shall work under the supervision of a child care teacher with a
group of children.
2. A person hired to be assistant child care teacher shall be qualified in one of the following
ways:
a. The person shall be at least 18 years old and have satisfactorily completed one non-credit
department-approved course in early childhood education or completes that training within 6 months
after assuming the position.
Note: Introduction to the Child Care Profession is the name of the non-credit course approved by the
Department to meet the entry level training requirements for a child care assistant teacher. Information on
agencies offering the department-approved course is available on the department’s website at
http://dcf.wisconsin.gov.
b. The person shall be at least 18 years old and have satisfactorily completed one course for
credit in early childhood education or its equivalent at an institution of higher education, or is enrolled
in that course within 6 months after assuming the position.
c. The person shall have satisfactorily completed an assistant child care teacher training
program approved by the Wisconsin department of public instruction.
WISCONSIN ADMINISTRATIVE CODE
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251.05(1)(g)3.
3. A parent serving as an assistant child care teacher in a center operated by a parent cooperative
is exempt from the training requirements under subd. 2.
(h) Non-credit course criteria. Non-credit courses offered to meet the non-credit course
requirements specified in this subsection shall contain the components prescribed by the department
and shall be approved by the department before being offered. The department may at any time
withdraw its approval of a non-credit course. Instructors of non-credit department-approved courses
shall be approved by the department prior to teaching a course.
Note: Information on the components prescribed by the department may be obtained by contacting one of
the regional licensing offices in Appendix A. A list of agencies approved to offer non-credit departmentapproved courses is available on the department’s website at http://dcf.wisconsin.gov.
(i) Certificate. Each administrator, center director and child care teacher shall obtain a
certificate from The Registry (the Wisconsin early childhood professional recognition system) within
3 months after assuming the position. An administrator, a center director and teachers in a school-age
only program shall obtain a certificate from The Registry within 6 months after assuming the
position. Persons holding a teacher license issued by the department of public instruction are not
required to obtain a Registry certificate.
Note: Information about how to obtain a certificate may be obtained from The Registry’s website,
http://www.the-registry.org/Application/Application.htm or by calling 608-222-1123.
(j) Substitutes.
1. When a regular required staff member is absent from a center, there shall be a substitute who
is at least 18 years of age.
2. A substitute who is employed by the same licensee for more than 240 hours shall obtain at
least one non-credit, department approved course or be currently enrolled in training to meet this
requirement before completing 240 hours of work as a substitute. A substitute who provides care and
supervision to children under age 5 shall have completed department-approved training in shaken
baby syndrome as specified under par. (b) before working with children.
3. The center director or designee shall maintain a record of the days and hours worked by each
substitute child care worker.
(k) Volunteers and student teachers.
1. Volunteers and student teachers shall participate in the orientation required under sub. (2)(a).
2. A volunteer who is used to meet staff-to-child ratios shall obtain at least one non-credit,
department-approved course or be currently enrolled in training to meet this requirement before
completing 240 hours of work as a volunteer. A volunteer who provides care and supervision to
children under age 5 shall have completed department-approved training in shaken baby syndrome as
specified under par. (b) before working with children.
Note: Introduction to the Child Care Profession is the non-credit course approved by the department to
meet this requirement.
3. A volunteer who is not used to meet staff to child ratios shall have training in child care
programming and procedures before working with children. The training shall include the
responsibilities of the volunteer, general child supervision techniques, a review of the daily schedule
and general health and safety practices including meal or snack preparation, dishwashing, toileting,
personal hygiene and emergency evacuation procedures. This includes volunteers working in a center
operated by a parent cooperative.
4. The center director or designee shall coordinate the volunteer program and keep on file
documentation of the hours worked by volunteers who are used to meet staff to child ratios.
5. Student teachers who are not employed by the child care center may not be used to meet the
staff to child ratios during the time the person is working as a student teacher.
(L) Health examination.
1. Except as provided under subd. 2., persons who work directly with children, except
volunteers, shall have a health examination within 12 months before beginning work at a specific
child care center or within 30 days after beginning work at the center. The results of the examination
shall be stated on a form provided by the department. The report shall be dated and signed by a
licensed physician, physician assistant or HealthCheck provider. The report shall indicate all of the
following:
a. That the person is free from illness detrimental to children, including tuberculosis.
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251.05(1)(L)1.b.
WISCONSIN ADMINISTRATIVE CODE
b. That the person is physically able to work with young children.
Note: The department’s form, Staff Health Report — Child Care Provider, is used for recording physical
examination information. Information on how to obtain the department’s form is available on the department’s
website, http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.
2. The health examination requirement under subd. 1. does not apply to a person who requests
an exemption from the department in writing. The exemption is granted based on adherence to
religious belief in exclusive use of prayer or spiritual means for healing in accordance with a bona
fide religious sect or denomination.
3. No licensee, employee, volunteer, visitor or parent with symptoms of serious illness or a
communicable disease transmitted through normal contact reportable under ch. DHS 145 which
presents a safety or health risk to children may be in contact with the children in care.
4.a. No licensee, employee, volunteer, visitor or parent whose behavior gives reasonable concern
for the safety of children may be in contact with the children in care.
b. The department may require a licensee, employee or other person in contact with the children
whose behavior gives reasonable concern for the safety of children to submit to an examination by a
licensed mental health professional as a condition of licensure or employment.
Note: See also DCF 251.11(1)(f) which requires a written statement from a physician or licensed mental
health professional when there is reason to believe that the physical or mental health of a person may endanger
children in care.
5. No person with a health history of typhoid, paratyphoid, dysentery or other diarrheal disease
may work in a center until it is determined by appropriate tests that the person is not a carrier of the
disease.
(2) STAFF DEVELOPMENT.
(a) Orientation. Except as provided under subd. 12., each center shall develop and implement a
written orientation program which all new employees, substitutes and regularly scheduled volunteers
shall complete and document within their first week at the center. The orientation program shall
cover all of the following:
1. Review of this chapter.
2. Review of center policies required under s. DCF 251.04(2)(h) and (i).
3. Review of the center contingency plans required under s. DCF 251.04(2)(i), including fire
and tornado evacuation plans and the operation of fire extinguishers.
4. First aid procedures.
5. Job responsibilities in relation to the job description.
6. Training in the recognition of childhood illnesses and infectious disease control, including
handwashing procedures and universal precautions for handling body fluids.
Note: A copy of the universal precautions may be obtained from the Child Care Information Center by
calling 800-362-7353.
7. Schedule of activities of the center.
8. Review of child abuse and neglect laws and center reporting procedures.
9. The procedure for ensuring that all child care workers know the children assigned to their
care and their whereabouts at all times including during center-provided transportation.
10. Child management techniques.
11. Procedure for sharing information related to a child’s special health care needs including any
physical, emotional, social or cognitive disabilities with any child care worker who may be assigned
to care for that child throughout the day.
12. Review of procedures to reduce the risk of sudden infant death syndrome prior to an
employee’s or volunteer’s first day of work, if the center is licensed to care for children under one
year of age.
13. The procedure to contact a parent if a child is absent from the center without prior
notification from the parent.
14. Information on any special needs a child enrolled in the center may have and the plan for how
those needs will be met.
Note: The licensee may use the department’s form, Staff Orientation Checklist — Group Child Care
Centers, for documenting staff orientation. Information on how to obtain the department’s form is available on
the department’s website, http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.
WISCONSIN ADMINISTRATIVE CODE
17
251.05(2)(b)
(b) Staff meetings. To ensure that staff have the opportunity to receive pertinent information and
clarification of problems and issues, each center shall conduct staff meetings at least 9 times in a
calendar year or one time for each month of center operation and document that staff meetings have
been held.
(c) Continuing education.
1. Each administrator, center director and child care worker who works more than 20 hours a
week shall participate in at least 25 hours of continuing education each year.
2. Each administrator, center director and child care worker who works 20 or fewer hours a
week shall participate in at least 15 hours of continuing education each year.
3. Continuing education hours may be used to meet the continuing education requirement
during the year in which the hours are earned and for the 2 years following that year.
4. Continuing education courses taken for credit through an institution of higher education may
be used to meet the continuing education requirement during the year the credits were earned and for
the following 2 years.
5. Assistant child care teachers who are currently enrolled in their first entry level course are not
required to earn continuing education hours for that calendar year.
7. Types of training acceptable to meet continuing education requirements shall be limited to:
a. Formal courses resulting in credits or continuing education units.
b. Workshops, conferences, seminars, lectures, correspondence courses and home study courses.
c. Training offered by the child care center through the use of guest or staff trainers.
d. Documented observation time in other early childhood programs.
8. Continuing education experiences may be in the areas of early childhood education, child
development, child guidance, health, caring for children with special needs, first aid, nutrition as it
pertains to child development, supervision of staff or the business or administrative aspects of the
operation of a child care center or in communication skills.
9. Independent reading and watching of educational materials may be counted for up to 5 hours
of continuing education per year for each person required under par. (c)1. to have 25 hours of
continuing education, and up to 2.5 hours of continuing education per year for each person required
under par. (c)2. to have 15 hours of continuing education.
Note: The licensee may use either the department’s form, Staff Continuing Education Record — Child
Care Centers, or the licensee’s own form to document the completion of continuing education. Information on
how to obtain the department’s form is available on the department’s website, http://dcf.wisconsin.gov, or from
any regional licensing office in Appendix A.
(d) Food service personnel orientation and training. The center shall provide food service
personnel with the orientation under par. (a) and shall document annual training of at least 4 hours in
kitchen sanitation, food handling and nutrition.
(3) SUPERVISION.
(a) At least one child care teacher shall supervise each group of children.
(b) Assistant child care teachers who are at least 18 years of age and have completed the training
required for the position may provide sole supervision to a group of children in full-day centers for
opening and closing hours, not to exceed the first 2 hours and the last 2 hours of center operation.
(c) Each child shall be closely supervised by a child care worker who is within the sight and
sound of the children to guide the children’s behavior and activities, prevent harm and assure safety.
(d) A child care worker may not provide care to children at the center more than 10 hours in any
24-hour period.
(e) A child may not be in care more than 12 hours in any 24-hour period.
(f) The center shall implement a procedure to ensure that the number, names and whereabouts of
children in care are known to assigned child care workers at all times.
(g) A child may not be released to any person who has not been previously authorized by the
parent.
(h) The center shall implement a procedure to contact a parent if a child is absent from the center
without prior notification from the parent.
(i) No child shall be left in sole charge of a person under the age of 18.
18
251.05(4)
WISCONSIN ADMINISTRATIVE CODE
(4) STAFFING AND GROUPING.
(a) The maximum number of children in a group may not exceed the number specified in Table
251.05-D.
(b) The ratio of child care workers to children may not be less than the minimum number of child
care workers to children specified in Table 251.05-D.
TABLE DCF 251.05-D
Maximum Group Size and Minimum Number of
Child Care Workers in Group Child Care Centers
Minimum Number of Child
Maximum Number of
Age of Children
Care Workers to Children
Children in a Group
Birth to 2 Years
1:4
8
2 years to 2½ Years
1:6
12
2½ Years to 3 Years
1:8
16
3 Years to 4 Years
1:10
20
4 Years to 5 Years
1:13
24
5 Years to 6 Years
1:17
34
6 Years and Over
1:18
36
(c) When 8 or fewer children are present in a center, there shall be a second adult available
within 5 minutes for emergencies. The center shall maintain a signed and dated statement from that
person, including address and telephone number, certifying that the person is available and agrees to
serve if needed.
(d) Maximum group size does not apply to field trips, outdoor play areas and areas of the center
reserved exclusively for eating, however staff-to-child ratios shall be maintained in those settings.
(e) During naptime, an adjustment in group size and staff-to-child ratios in Table 251.05-D may
be made as follows:
1. One child care worker shall be within sight or sound of each group of sleeping children. If at
least one child is awake, sight and sound supervision of awake children is required.
2. Adult-to-child ratios shall be maintained in the center during naptime.
3. Maximum group size requirements do not apply to napping groups.
(f) When there is a mixed-age group, the staff-to-child ratio shall be adjusted on a prorata basis,
according to age.
Note: The licensee may use the department’s form, Child Care Staff-To-Child Ratio Worksheet — Group
Child Care Centers, to adjust the staff-to-child ratio. Information on how to obtain the department’s form is
available on the department’s website, http://dcf.wisconsin.gov, or from any regional licensing office in
Appendix A.
(g) When infants and toddlers are part of a mixed-age group, the size of the group may not
exceed 8.
(h) When the group of children is a mixed age group of children 2 years and older, the group size
shall be determined by the number of children that can be cared for by 2 child care workers as
determined by the staff-to-child prorata requirement under par. (f).
(i) In a center with 9 or more children present, there shall be at least 2 adults available in the
center at all times. At least one of the adults shall be a child care worker directly involved in the
supervision and care of the children.
(j) When 9 or more children are on a field trip there shall be at least 2 child care workers
accompanying the children and the staff-to-child ratios in Table DCF 251.05-D shall be maintained.
At least one of the child care workers shall be a child care teacher.
(k) Support staff, such as clerical, housekeeping and food service staff, may only be considered
in determining the staff-to-child ratios:
1. During those hours when they give full attention to the care and supervision of children.
2. If they meet the qualifications for a child care worker.
(L) Child care workers shall be free of non-classroom duties when they are counted in meeting
the staff-to-child ratios.
(m) Children of staff who attend the center and who are on the premises for supervision and care
shall be included in determining group size and staff-to-child ratios.
WISCONSIN ADMINISTRATIVE CODE
19
DCF 251.06 Physical plant and equipment.
(1) BUILDING.
(a) The building in which a center is located shall comply with applicable state and local building
codes. The licensee shall maintain a report of inspection of the building, which specifies that the
building meets the applicable Wisconsin commercial building codes for use as a group child care
center.
Note: Inspections can be obtained from a commercial building inspector certified by the Department of
Commerce in accordance with ch. Comm 5, “Licenses, Certifications, and Registration,” or a Wisconsin
architect registered in accordance with chapter A-E 3, Architect Registration, or a Wisconsin engineer
registered in accordance with chapter A-E 4, Professional Engineer Registration.
Note: Local authorities should be consulted to obtain any required zoning clearances or building permits.
(b) The department shall be given written notice of proposed construction, remodeling of existing
space or change in rooms to be used by children prior to the initiation of the changes.
Note: Alterations, additions or changes of use to commercial buildings may require submittal of plans to
and approval by the Department of Commerce or its agent before commencing construction. It is recommended
that an architect or engineer be consulted prior to the beginning of any construction to determine whether plans
must be submitted. When a center chooses to prepare meals on the premises after the initial building inspection
has been completed, a new inspection may be necessary to ensure that the applicable commercial building codes
related to kitchens have been met.
(c) Space designated for use by children may only be used by children and staff and may not be
used for other purposes while the center is open.
(d) The inside temperature may not be less than 67°F.
(e) If the inside temperature exceeds 80°F., the licensee shall provide for air circulation with fans
or by other means.
(2) PROTECTIVE MEASURES.
(a) The indoor and outdoor premises shall be free of hazards including any recalled products.
Note: Lists of recalled products are available on the department of agriculture, trade and consumer
protection website at http://datcp.state.wi.us/core/consumerprotection/consumerprotection.jsp or by contacting
the United States consumer products safety commission (US CPSC) at 1-800-638-2772.
(b) Steam radiators, fireplaces, wood burning stoves, electric fans, electric outlets, electrical
heating units and hot surfaces, such as pipes, shall be protected by screens or guards so that children
cannot touch them.
(c) Firearms, ammunition and other potentially dangerous items may not be kept on the premises.
(d) Materials harmful to children, including power tools, flammable or combustible materials,
insecticides, matches, drugs and other articles hazardous or poisonous to children shall be in properly
marked containers and stored in areas inaccessible to children.
(e) A motor vehicle shall be immediately available at the center at all times in case of an
emergency if a public or private rescue or emergency vehicle cannot arrive at the center within 10
minutes of a phone call.
(f) The center shall have a working telephone or access to a working telephone on the premises
during hours of operation, with a list of emergency telephone numbers, including telephone numbers
for the local rescue squad, fire department, police department or other law enforcement agency,
poison control center and emergency medical service posted near each telephone. In this paragraph,
“telephone” does not include a pay telephone requiring payment to reach the operator or a telephone
in a locked room.
(g) Stairs, walks, ramps and porches shall be maintained in a safe condition and free from the
accumulation of water, ice or snow.
(h) Smoking is prohibited on the premises of the center when the children are present.
Note: See s. DCF 251.03(25) for the definition of premises.
(i) A licensee, employee, volunteer or other individual in contact with children may not consume
alcoholic beverages or any non-prescribed controlled substance specified in ch. 961, Stats., on the
premises of the center or be under the influence of any alcohol or non-prescribed controlled
substance, during the hours of the center’s operation.
(j) Children may not be allowed in an area where power tools are in use.
20
251.06(2)(k)
WISCONSIN ADMINISTRATIVE CODE
(k) A hot tub located in a room or area accessible to children shall have a visible, locked, rigid
cover or be enclosed by a locked fence at least 4 feet tall. The lock shall be installed so that the lock
is inaccessible to children.
(L) If a hot tub is located in a room or area not intended for use by children, access to the room or
area shall be controlled through the use of a visibly locked door. The lock shall be installed so that
the lock is inaccessible to children.
(3) EMERGENCIES. Each center shall have a written plan for responding to a fire, a tornado, a
tornado warning, a missing child or other emergency. A center shall do all of the following:
(a) Post the fire evacuation and tornado plan and practice implementing the fire evacuation plan
monthly. Tornado drills shall be conducted monthly from April through October.
(b) Make sure that all staff members know what their duties are if there is a fire, tornado, tornado
warning, missing child or other emergency.
(c) Keep a written record of dates and times of all fire and tornado drills practiced.
Note: The licensee may use the department’s form, Fire, Safety and Emergency Response Documentation
— Group Child Care Centers, to record dates and times of the monthly fire or tornado practice. Information on
how to obtain the department’s form is available on the department’s website, http://dcf.wisconsin.gov, or from
any regional licensing office in Appendix A.
(4) FIRE PROTECTION.
(a) Each fire extinguisher on the premises of a center shall be operable at all times, inspected
once a year by a qualified person and bear a label indicating its present condition and date of the last
inspection.
(b) All staff members shall be instructed in and knowledgeable about the use of the fire
extinguishers.
(c) Each floor used by children shall have at least 2 exits.
(d) Exits and exit passageways shall have a minimum clear width of 3 feet and be unobstructed
by furniture or other objects.
(e) An extension cord may not be used permanently with an appliance.
(f) No more than 2 electrical appliances may be plugged into any one wall outlet.
(g) The door to the basement and furnace room shall be closed.
(h) Areas under stairs may not be used for storage.
(i) All exit lights shall be lit at all times.
(j) Fire alarms, alarm systems and smoke detectors shall be maintained in good working order.
Fire alarms and smoke detectors shall be used to conduct monthly fire evacuation drills. Fire alarms
and smoke detectors shall be tested weekly and a record kept of the test results.
Note: The licensee may use the department’s form, Fire, Safety, and Emergency Response Documentation
— Group Child Care Centers, to document the results of the weekly testing of fire alarms and smoke detectors.
Information on how to obtain the department’s form is available on the department’s website,
http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.
(k) Unvented gas, oil or kerosene space heaters are prohibited.
(5) SANITATION.
(a) The premises shall be free from litter, clean and in good repair.
(b)1. There shall be no flaking or deteriorating paint on exterior or interior surfaces in areas
accessible to children.
2. No lead-based paint or other toxic finishing material may be used.
(c) Garbage containers in the building shall be rigid, covered, watertight and emptied daily or
more often as needed. Compactors need not be emptied daily. Garbage and refuse stored out of
doors shall be kept in leak-proof containers equipped with tight-fitting covers and shall be disposed of
as necessary to prevent decomposition or overflow.
(d) Furnishings, toys, cots and other equipment shall be washed or cleaned when they become
soiled. Eating surfaces shall be washed and sanitized before and after each use.
(e)1. Toilet rooms and fixtures shall be in a sanitary condition at all times.
WISCONSIN ADMINISTRATIVE CODE
21
251.06(5)(e)2.
2. Potty chair receptacles shall be emptied and rinsed and the potty chair and receptacle shall be
disinfected immediately after each use with a chlorine bleach solution of one tablespoon to one quart
of water, made fresh daily.
(f) Windows and doors that are used for ventilation shall be screened.
(g) The premises shall be maintained to prevent the entrance or harborage of vermin.
(6) WATER.
(a) A safe supply of drinking water shall be available to children at all times from a drinking
fountain of the angle jet type or by use of disposable cups. Common use of drinking cups is
prohibited.
(b) If the center gets its water from a private well, the following shall apply:
1. Water samples from the well shall be tested annually for lead and bacteria by a laboratory
certified under ch. DHS 165. The laboratory report shall be available to the department upon request.
2. A center serving children under 6 months of age shall have the water tested annually for
nitrate levels.
Note: Section NR 890.09 sets the maximum allowable level of nitrate-nitrogen in public drinking water at
10 milligrams per liter (10 parts per million).
3. If water test results indicate the water contains high levels of lead or is bacteriologically
unsafe, the water shall be appropriately treated and re-tested until it is determined to be safe. Bottled
water shall be used until the water is determined to be safe. If the water tests above the maximum
allowable level of nitrates, bottled water shall be used for infants under 6 months of age.
Note: Centers using a private well that serves at least 25 of the same people over 6 months of the year are
considered to have a non-transient non community water system (NTNC) and must be in compliance with
Chapter NR 809, Safe Drinking Water Act Standards. Contact the nearest Department of Natural Resources
from the list at: www.dnr.state.wi.us/org/caer/cs/ServiceCenter/SSbyRegion.html
(7) INDOOR SPACE.
(a) The space used by children shall be no less than 35 square feet of usable floor space for each
child, exclusive of passageways, kitchens, bathrooms, coat storage areas, offices, storage areas,
isolation quarters, staff room, furnace room, parts of rooms occupied by stationary equipment, and
areas not at all times available to children, including areas used exclusively for large muscle activity,
napping or eating.
(b) There shall be additional storage space for cots, bedding, supplies and equipment not in use.
(8) FURNISHINGS.
(a) Furnishings shall be durable and safe, with no sharp, rough, loose or pointed edges.
(b) Tables and seating shall be scaled to the proper height and size for the children’s comfort and
reach.
(c)1. Except as provided in subd. 2., in a center where meals are served, seating shall be at least
equal to the licensed capacity of the center, excluding infants, so that the children can be served at the
same time, and there shall be space at a table for each child.
2. In a center where meals are served in a central lunchroom, seating and table space shall be at
least equal to the number of children to be served in a shift.
(d) Shelves shall be provided for equipment and supplies in rooms used by children. Equipment
and supplies shall be arranged in an orderly fashion so that children may select, use and replace items.
(e) There shall be sufficient storage space for clothing and personal belongings to accommodate
the clothing and personal belongings of as many children as are in the licensed capacity of the center.
For children 2 years of age and older, the space for outer garment storage shall be at child level.
(f) A safe, washable cot, bed, two-inch thick mat or sleeping bag shall be provided for each child
12 months old or older who naps or sleeps.
(g) A safe, washable crib or playpen shall be provided for use of each child less than 12 months
old who naps or sleeps. A crib or playpen shall be washed and disinfected between changes in
occupancy.
Note: See Appendix D for information on safe cribs and playpens.
22
251.06(9)
WISCONSIN ADMINISTRATIVE CODE
(9) KITCHENS.
(a) Equipment and utensils.
1. When meals are prepared or heated on the premises, the kitchen shall be equipped with a
microwave or stove with an oven, a refrigerator, a sink and utensils that are necessary to prepare and
serve meals. The sink shall be used exclusively for food preparation and dishwashing.
1m. Centers preparing or serving only snacks are not required to have a sink unless dishes or
utensils requiring dishwashing are used. Centers preparing or serving only snacks are not required to
have a microwave or stove unless the snacks served require heating. Refrigerators are required if the
center serves milk or other perishable snacks.
2. All equipment and utensils shall have smooth, hard surfaces, be easily cleanable, in good
repair, durable, non-toxic and free of cracks, seams, chips and roughened areas, and shall be
maintained in a clean and sanitary condition.
3. Food preparation tables shall be durable, and surfaces shall be smooth, non-absorbent and
easily cleanable.
4. After cleaning, utensils shall be stored in a clean, dry place and protected from
contamination.
5. Single-service utensils shall be non-toxic, stored in a clean, dry place, kept covered, and may
not be reused.
6. Infant bottles and nipples may not be reused without first being cleaned and sanitized.
(b) Dishwashing procedures.
1. All kitchen utensils and food contact surfaces used for preparation, storage or serving of food
shall be thoroughly cleaned and sanitized after each use.
2. All utensils and dishes shall be scraped, sorted and prewashed under running water.
3. For manual washing of dishes and utensils, a 3-step procedure shall be used:
a. Wash in water between 110° and 125°F., using an effective soap or detergent.
b. Rinse by immersing dishes and utensils in clean, hot water to remove soap or detergent.
c. Sanitize by submerging dishes and utensils for at least 2 minutes in 1½ teaspoons of bleach
per gallon of water or another solution of a sanitizer approved by the department.
4.a. If a center uses a commercial dishwasher to clean dishes and utensils, the dishwasher shall
have a readily visible temperature gauge located in the wash compartment. If the dishwasher is a
spray type or immersion type dishwasher, a temperature gauge shall also be located in the rinse water
line.
b. Wash at 130 degrees Fahrenheit to 150 degrees Fahrenheit for at least 20 seconds, using an
effective cleaning agent, and rinse and sanitize at 180 degrees Fahrenheit for 10 seconds or more,
using an automatic rinse injector.
c. When using a spray-type dishwashing machine, the dishes and utensils shall be washed,
rinsed and sanitized in the dishwasher according to the manufacturer’s operating instructions. A
chemical sanitizer shall be used in the final rinse.
5. If the center uses a home-type dishwasher to clean dishes and utensils, the dishes and utensils
shall be washed and rinsed in the dishwasher and sanitized by submerging dishes and utensils for at
least 2 minutes in 1½ teaspoons of bleach per gallon of water or other solution approved by the
department.
6. All dishes and utensils shall be air-dried in racks or baskets or on drain boards.
Note: A list of approved sanitizers is available from the Department of Health Services, Division of Public
Health, P.O. Box 2659, Madison, WI 53701-2659.
(c) Food sources.
1. Food shall be clean, wholesome, free from spoilage, free from adulteration or misbranding
and safe for human consumption. Meat, poultry, fish, molluscan shellfish, eggs and dairy products
shall be from an inspected source.
2. Only milk and milk products which are pasteurized and meet the Grade A milk standards of
the Wisconsin department of agriculture, trade, and consumer protection may be served or used.
3m. Meals shall be prepared on the premises, in a central kitchen operated by the child care center
or in another location that has been inspected by a representative of a state agency.
Note: Chapter DHS 196 addresses restaurants and other public eating establishments. Chapter ATCP 75
addresses retail food establishments.
WISCONSIN ADMINISTRATIVE CODE
23
251.06(9)(c)4.
4. Food in dented, bulging or leaking cans, or cans without labels, may not be used.
5. Hermetically sealed, non-acid or low-acid food which has been processed in a place other
than a commercial food processing establishment may not be used.
(d) Food storage.
1. Foods shall be stored at temperatures which protect against spoilage. The following
measures shall be taken to prevent spoilage:
a. Perishable and potentially hazardous food which includes all custard-filled and cream-filled
pastries, milk and milk products, meat, fish, shellfish, gravy, poultry stuffing and sauces, dressings,
salads containing meat, fish, eggs, milk or milk products, and any other food or food product likely to
spoil quickly if not kept at the proper temperature shall be continuously maintained at 40°F. or below
or 150°F. or above, as appropriate, except during necessary periods of preparation and service.
b. Each refrigeration unit shall be maintained at 40°F. or lower and each freezing unit shall be
maintained at 0°F. or lower.
c. Each cold storage facility shall be equipped with a clearly visible accurate thermometer.
d. Food shall be covered while refrigerated, except when being cooled.
2. Foods not requiring refrigeration shall be stored in clean, dry, ventilated and lighted
storerooms or areas which shall be protected from contamination by sewage, wastewater backflow,
condensation, leakage or vermin. In addition:
a. Dry foods, such as flour, sugar, cereals and beans shall be stored in bags with zip-type
closures or metal, glass or food-grade plastic containers with tight-fitting covers and shall be labeled.
In this paragraph, “food grade plastic” means any plastic material used in the manufacture of dishes
or utensils which has been found not harmful to human health by the national sanitation foundation.
b. Foods stored in the basement shall be stored at least 8 inches above the floor, and food stored
in other areas shall be stored high enough above the floor to provide for air circulation and to
facilitate cleaning.
(e) Cleaning aids.
1. Poisonous and toxic materials, including cleaning supplies, bleaches and insecticides, shall be
labeled and stored in cabinets used for no other purpose and shall be inaccessible to children.
2. Cleaning aids such as mops, broom and buckets shall be clean and shall be stored outside of
food preparation or food storage areas.
(f) Food handling.
1. Raw fruits and vegetables shall be washed before being served or cooked.
2. Food returned from individual plates or from dining tables shall be discarded.
3. Leftover prepared food which has not been served shall be dated, refrigerated promptly and
used within 36 hours, or frozen immediately for later use.
4. Food delivery vehicles shall be equipped with clean containers or cabinets to store food while
in transit. Containers for cold food shall be capable of maintaining the temperature at or below 40°F.
and containers for hot food shall be capable of maintaining the temperature at or above 150°F.
5. Potentially hazardous frozen foods shall be thawed in the refrigerator, under cold running
water or on the defrost setting in a microwave oven. No potentially hazardous frozen food may be
thawed by leaving it at room temperature.
(g) Food service personnel.
1. Personnel who help prepare meals shall:
a. Be at least 18 years of age.
b. Wear clean clothing and effective hair restraints such as hair nets or caps.
c. Wash their hands with soap and warm running water before starting work, before and after
handling food, and after using the toilet. Hands shall be dried with single use towels.
2. No one with an open or infected wound or sore may work in the food preparation area unless
the wound or sore is covered and, if it is on a hand, a nonporous glove is worn on that hand.
(10) WASHROOM AND TOILET FACILITIES.
(a) A group child care center shall provide at least the number of washbasins and toilets with
plumbing indicated in Table 251.06. Urinals may be substituted for up to 1/3 of the total required
toilets.
24
251.06(10)(b)
WISCONSIN ADMINISTRATIVE CODE
TABLE 251.06
Minimum Number of Washbasins and Toilets
Required in Group Child Care Centers
Maximum Number of Children for
Number of Toilets
Number of Washbasins
Which the Center is Licensed
9 or 10
1
1
11 to 25
2
1
26 to 40
3
2
41 to 55
4
2
56 to 70
5
3
(b) When a center is licensed for more than 70 children, one additional toilet shall be provided
for each additional 15 children or fraction thereof and washbasins shall be provided in the ratio of one
for every 2 additional toilets and urinals or fraction thereof.
(c) Children under the age of 30 months need not be included when determining the required
fixtures under par. (a). However, in all cases, at least one toilet and one washbasin shall be provided.
(d) If potty chairs are used for children under 30 months of age, the potty chairs shall be provided
in a ratio of one for every 4 children or fraction thereof.
(e) Steps or blocks shall be provided if the washbasins and toilets are not proportioned to the size
of the children.
(f) Soap, toilet paper, disposable paper towels or blower-type air dryers and a wastepaper
container shall be provided and accessible to children using the facilities.
(g) Toilet room door locks shall be openable from the outside and the opening device shall be
readily accessible to the staff.
(11) OUTDOOR PLAY SPACE.
(a) Requirement for outdoor play space. A center shall have outdoor play space if children are
present for more than 3 hours per day or if outdoor play is included in the center program.
(b) Required features of outdoor play space. Except when an exemption is requested and is
approved by the department under par. (c), a center shall comply with all of the following
requirements for outdoor play space:
1. The outdoor play space shall be on the premises of the center.
2. There shall be at least 75 square feet of outdoor play space for each child 2 years of age or
older using the space at a given time.
3. There shall be at least 35 square feet of outdoor play space for each child under 2 years of age
using the space at a given time except as provided in subd. 4.
4. The total outdoor play space of a center shall accommodate not less than 1/3 of the number of
children for which the center is licensed or shall be a minimum of 750 square feet, whichever is
greater. The number of children under one year of age need not be included for purposes of
computing the minimum required outdoor play space if the center provides spaces in wheeled
vehicles such as strollers and wagons equal to the number of children under one year of age.
5. An energy-absorbing surface, such as loose sand, pea gravel or pine or bark mulch, in a depth
of at least 9 inches is required under climbing equipment, swings and slides and in a fall zone of 4
feet beyond and whenever play equipment is 4 feet or more in height. Shredded rubber and poured
surfacing shall be installed to the manufacturer’s specifications based on the height of the equipment.
6. The outdoor play space shall be well-drained and shall be free of hazards such as uncovered
wells, cisterns and unused appliances. Structures such as playground equipment, railings, decks and
porches accessible to children that have been constructed with CCA treated lumber shall be sealed
with an exterior oil based sealant or stain. Wood containing creosote, including railroad ties, may not
be accessible to children.
7. The boundaries of the outdoor play space shall be defined by a permanent enclosure not less
than 4 feet high to protect the children. Fencing, plants or landscaping may be used to create a
permanent enclosure.
8. Concrete and asphalt are prohibited under climbing equipment, swings and slides.
WISCONSIN ADMINISTRATIVE CODE
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251.06(11)(b)8.Note:
Note: The Consumer Products Safety Commission has a publication entitled Handbook for Public
Playground Safety, Pub. No. 325 which provides information on playground safety guidelines designed to help
child care centers build safe playgrounds. To obtain copies of this publication and a related public playground
safety checklist, contact the Consumer Products Safety Commission at www.cpsc.gov or 1-800-638-2772.
(c) Exemption for off-premises play space.
1. In this paragraph, “main thoroughfare” means a heavily traveled street or road used by
vehicles as a principal route of travel.
1m. If a center has no outdoor play space available on the premises of the center, the licensee may
request an exemption from the requirements under par. (b) for a center’s outdoor play space.
2. A request for an exemption under subd. 1m. shall be in writing and shall be accompanied by a
plan for outdoor play space which does all the following:
a. Identifies and describes the location to be used, the travel distance from the center to that
location and the means of transporting the children to that location.
b. Provides for adequate supervision of the children as specified in Table 251.05-D.
c. Provides for daily vigorous exercise in the out-of-doors for the children.
d. Describes the arrangements to meet the toileting and diapering needs of the children.
e. Affirms the center’s compliance with the requirements included in subds. 3. to 6.
Note: Send the request for an exemption and the off-premises outdoor play space plan to the appropriate
regional office in Appendix A.
3. The off-premises outdoor play space shall be free of hazards such as bodies of water, railroad
tracks, unfenced in-ground swimming pools, heavily wooded areas and nearby highways and main
thoroughfares.
4. There shall be at least 75 square feet of outdoor play space for each child 2 years of age or
older using the space at a given time, and at least 35 square feet of outdoor play space for each child
under 2 years of age using the space at a given time.
5. No climbing equipment, swing or slide in the play space may have concrete or asphalt under
it.
6. When the off-premises outdoor play space is reached by walking, the center shall transport
children under 3 years of age in wheeled vehicles, such as strollers or wagons, with a seating capacity
equal to the number of children under 3 years of age to be transported.
7. A center’s plan for use of an off-premises outdoor play space is subject to approval by the
department. Within 30 days after receipt of a plan and request for an exemption from the
requirements of par. (b), the department shall either approve the plan and grant the exemption or not
approve the plan and therefore deny the request for exemption. The department shall notify the center
in writing of its decision and, if it does not grant an exemption, shall state its reasons for not granting
the exemption.
8. If any circumstance described in an approved plan for use of off-premises outdoor play space
changes or if any condition for plan approval is not met or is no longer met, the department may
withdraw its approval of the plan and cancel the exemption. A center with an approved plan shall
immediately report to the department’s licensing representative any significant change in any
circumstance described in the plan.
(12) SWIMMING AREAS.
(a) Above-ground and in-ground swimming pools, and beaches on the premises may not be used
by children in care. Swimming pools shall be enclosed by a 6-foot fence with a self-closing, selflatching door. Spaces between the vertical posts of the fence shall be 4 inches or less. Access to a
beach shall be restricted by a 6-foot fence.
(b) A wading pool on the premises may be used if the water is changed and the pool is
disinfected daily. Supervision and staff-to-child ratio requirements under s. DCF 251.05(3) and (4)
shall be met.
(c) A wading pool, pool, water attraction or beach that is not located on the center premises may
be used by children, if all the following conditions are met:
1. The construction and operation of the pool shall meet the requirements of chs. Comm 90 and
DHS 172 for public swimming pools. A beach shall comply with any applicable local ordinance.
2. Certified lifesaving personnel shall be on duty.
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251.06(12)(c)3.
WISCONSIN ADMINISTRATIVE CODE
3. While children are in the water of a pool, wading pool, water attraction or beach, staff-tochild ratios for child care workers who can swim shall be:
a. For children under 3 years of age: 1:1.
b. For children 3 years of age: 1:4.
c. For children 4 and 5 years of age: 1:6.
d. For children 6 years of age and older: 1:12.
4. When a mixed age group of children are swimming, the staff-to-child ratio shall be adjusted
based on the number of children in the water and each child’s age.
Note: A worksheet to help calculate the staff to child ratio for mixed aged groupings during swimming is
available from the department. Requests may be made to the licensing representative or regional licensing
office listed in Appendix A.
5. A child shall be restricted to the area of the pool or beach that is within the child’s swimming
ability.
6. If some of the children are in the water and others are not, there shall be at least 2 child care
workers supervising the children. One child care worker shall supervise the children who are in the
water, and the other child care worker shall supervise children who are not in the water.
WISCONSIN ADMINISTRATIVE CODE
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DCF 251.07 Program.
(1) PROGRAM PLANNING AND SCHEDULING.
(a) Each group child care center shall have a written program of activities which are suitable for
the developmental level of each child and each group of children. The program shall provide each
child with experiences which will promote all of the following:
Note: The Wisconsin Model Early Learning Standards are voluntary standards that were designed to help
centers develop programs and curriculum to help ensure that children are exposed to activities and opportunities
that will prepare them for success in school and into the future. The Standards are primarily intended as
guidance on developmentally appropriate expectations and are not intended to be used as a checklist to gauge a
child’s progress. The Standards are based on scientific research. Copies of the Wisconsin Model Early
Learning Standards are available on the Wisconsin Early Childhood Collaborating Partners website at
http://www.collaboratingpartners.com/ or through the Child Care Information Center at 1-800-362-7353.
1.
2.
3.
4.
5.
6.
7.
Self-esteem and positive self-image.
Social interaction.
Self-expression and communication skills.
Creative expression.
Large and small muscle development.
Intellectual growth.
Literacy.
Note: With parental consent and consultation, it is recommended that centers who care for children who
have an Individualized Family Service Plan (IFSP) or an Individualized Education Program (IEP) coordinate
programming activities with the local school district or Birth to Three agency.
(b) The program schedule shall be planned to provide a flexible balance each day of:
1. Active and quiet activities.
2. Individual and group activities.
3. Indoor and if the center is in operation more than 3 hours per day, outdoor activities.
(c) Television may be used only to supplement the daily plan for children. No child may be
required to watch television. Other activities shall be available.
(d) Routines such as toileting and eating and intervals between activities shall be planned to
avoid keeping children waiting in lines or assembled in large groups.
(e) The program shall provide all of the following:
1. Reasonable regularity in eating, napping and other routines.
2. Daily periods when a variety of experiences are concurrently available for the children to
select their own activities.
3. Protection from excess fatigue and over stimulation.
4. If a center is in operation for more than 3 hours per day, daily outdoor activities except during
inclement weather or when not advisable for health reasons.
(f) Child care workers shall give children individual attention.
(g) A center that is open in the early morning and late afternoon shall have a written plan for
activities which meet the individual needs of the children during those time periods. The plan shall
include:
1. Provision of opportunities for the children to rest and eat.
2. Use of materials and engagement in activities which for the most part do not duplicate
materials or activities planned for the major part of the program.
(h) The program as implemented shall reflect the center’s written policies.
(2) CHILD GUIDANCE.
(a) In this subsection:
1. “Time-out period” means removing the child from the situation in a non-humiliating manner
and placing the child in a designated location in order to interrupt the child’s unacceptable behavior.
2. “Redirection” means directing the child’s attention to a different program activity.
(b) Each child care center shall have a written policy which provides for positive guidance,
redirection and the setting of clear-cut limits for the children. The policy shall be designed to help a
child develop self-control, self-esteem and respect for the rights of others.
(c) If a center uses time-out periods to deal with unacceptable behavior, time-out periods may not
exceed 5 minutes and the procedure shall be included in the center’s child guidance policy.
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251.07(2)(d)
WISCONSIN ADMINISTRATIVE CODE
(d) Use of time-out periods is prohibited for children under 3 years of age.
(e) Actions that may be psychologically, emotionally or physically painful, discomforting,
dangerous or potentially injurious are prohibited. Examples of prohibited actions include all of the
following:
1. Spanking, hitting, pinching, shaking, slapping, twisting, throwing or inflicting any other form
of corporal punishment.
2. Verbal abuse, threats or derogatory remarks about the child or the child’s family.
3. Physical restraint, binding or tying to restrict movement or enclosing in a confined space such
as a closet, locked room, box or similar cubicle.
4. Withholding or forcing meals, snacks or naps.
5. Actions that are cruel, aversive, frightening or humiliating to the child.
(f) A child may not be punished for lapses in toilet training.
Note: Inappropriate discipline of a child by a staff member must be reported to the department within 24
hours after the occurrence under s. DCF 251.04(3)(j).
(3) EQUIPMENT.
(a) Indoor and outdoor play equipment shall be safe. The equipment shall be:
1. Scaled to the developmental level, size and ability of the children.
2. Of sturdy construction with no sharp, rough, loose, protruding, pinching or pointed edges, or
areas of entrapment, in good operating condition, and anchored when necessary.
3. Placed to avoid danger of injury or collision and to permit freedom of action.
4. Placed over an energy-absorbing surface, when equipment is 4 feet or more in height.
(b) A center shall provide equipment and supplies according to the following criteria:
1. Child development shall be fostered through selection of a variety of equipment that will:
a. Provide large muscle development.
b. Provide construction activities and for development of manipulative skills.
c. Encourage social interaction.
d. Provide intellectual stimulation.
e. Encourage creative expression.
2. A center shall provide sufficient indoor play equipment to allow each child a choice of at
least 3 activities involving equipment when all children are using equipment.
3. A center shall provide sufficient outdoor play equipment to allow each child at least one
activity involving equipment when all children are using equipment.
(c) The quantity of indoor and outdoor play equipment specified in par. (b) 2. and 3. shall be
provided based on the maximum licensed capacity of the center.
(d) Equipment and materials which reflect an awareness of cultural and ethnic diversity shall be
provided.
Note: Information on selecting play equipment is available from the Child Care Information Center, 1800-362-7353.
(e) Children using play equipment shall be closely supervised to prevent injuries.
(f) Trampolines and inflatable bounce surfaces on the premises shall not be accessible to
children and shall not be used by children in care.
(4) REST PERIODS.
(a) A child under 5 years of age in care for more than 4 hours shall have a nap or rest period.
(b) Child care workers shall permit a child who does not sleep after 30 minutes and a child who
awakens to get up and to have quiet time through the use of equipment or activities which will not
disturb other children.
(c) Each child who has a nap or rest period shall be provided with an individual bed, cot,
sleeping bag, 2 inch thick mat, crib or playpen which is placed at least 2 feet from the next sleeping
child. Cribs or cots may be placed end-to-end if a solid partition separates children and an aisle not
less than 2 feet in width is maintained between cribs and cots.
(d) Each child shall be provided with an individually identified sheet and blanket or sleeping bag
which may be used only by that child until it is washed.
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29
251.07(3)(e)
(e) Bedding shall be maintained and stored in a clean and sanitary manner, replaced immediately
if wet or soiled and washed at least after every 5 uses.
(5) MEALS AND SNACKS.
(a) Food.
1. Food shall be provided by the center based on the amount of time children are present as
specified in Table 251.07.
TABLE 251.07
Meal and Snack Requirements for each Child
in a Group Child Care Center
Time a Child is Present
Number of Meals and Snacks
At least 2½ but less than 4 hours
1 snack
At least 4 but less than 8 hours
1 snack and 1 meal
At least 8 but less than 10 hours
2 snacks and 1 meal
At least 10 or more hours
2 meals and 2 or 3 snacks
2. Center-provided transportation time shall be included in determining the amount of time
children are present for the purposes of subd. 1.
3. Food shall be served at flexible intervals, but no child may go without nourishment for longer
than 3 hours.
4. Each meal and snack served shall meet the U.S. department of agriculture child care food
program minimum meal requirements.
Note: See Appendices B and C for information on the U.S. department of agriculture child and adult care
food program minimum meal requirements.
5. Menus for meals and snacks provided by the center shall:
a. Be posted in the kitchen and in a conspicuous place accessible to parents.
b. Be planned at least one week in advance, dated and kept on file for 3 months.
c. Be available for review by the department.
d. Include diverse types of foods.
6. Any changes in a menu as planned shall be recorded on the copies of the menu kept on file
and posted for parents.
6m. When snacks are provided by parents for all children, a record of the snack served shall be
posted in an area accessible to parents.
7. Enough food shall be prepared for each meal so that second portions of vegetables or fruit,
bread and milk are available to children.
8. When food for a child is provided by the child’s parent, the center shall provide parents with
information about requirements for food groups and quantities specified by the U.S. department of
agriculture child care food program minimum meal requirements.
Note: See Appendix B and C for information on the U.S. department of agriculture child care food
program minimum meal requirements.
9. A special diet, based on a medical condition, excluding food allergies, but including nutrient
concentrates and supplements, may be served only upon written instruction of a child’s physician and
upon request of the parent.
9m. A special diet based on a food allergy may be served upon the written request of the parent.
10. Cooks, staff members, child care workers and substitutes having direct contact with the
children shall be informed about food allergies and other allergies of specific children.
(b) Mealtime.
1. Staff shall sit at the table with the children during mealtime.
2. Meals shall be served with time allowed for socialization.
(6) HEALTH.
(a) Observation.
1. Each child upon arrival at a center shall be observed by a staff person for symptoms of illness
and injury. For an apparently ill child, the procedure under par. (c) shall be followed.
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251.07(6)(a)2.
WISCONSIN ADMINISTRATIVE CODE
2. Any injury to a child or evidence of unusual bruises, contusions, lacerations or burns received
by a child in or out of center care shall be recorded in a medical log book and reported immediately to
the administrator or other person in charge of the center.
(b) Isolation. A center shall have an isolation area for the care of children who appear to be ill.
If the area is not a separate room, it shall be separated from space used by other children by a
partition, screen or other means.
(c) Ill child procedure. The following procedures shall apply when a child with an illness or
condition, such as vomiting or diarrhea, having the potential to affect the health of other persons is
observed in the child care center:
1. The child shall be isolated.
2. The child in the isolation area shall be provided with a bed, crib or cot and a sheet and
blanket or sleeping bag, with a staff member within sight and hearing of the child, except that for
sessions of up to 4 hours a kindergarten mat may be provided for the isolation room instead of a bed,
crib or cot. Isolation shall be used until the child can be removed from the center.
3. The child’s parent, or a designated responsible person when a parent cannot be reached, shall
be contacted as soon as possible after the illness is discovered, and arrangements shall be made for
removal of the child from the center.
(d) Care of a mildly ill child. A child who is mildly ill may be cared for at the center when all of
the following conditions are met:
1. The space for the care of a mildly ill child shall be a self-contained room and shall be
separate from children who are well.
2. The room shall have a sink with hot and cold running water.
3. The parent consents in writing.
4. The written health policy of the center allows a mildly ill child to remain at the center.
5. The center follows and implements procedures in a written plan for the provision of care to
mildly ill children approved and signed by a licensed physician, or a pediatric or family nurse
practitioner which covers all of the following:
a. Admissions and exclusions.
b. Staffing.
c. Staff training.
d. Monitoring and evaluation.
e. Programming.
f. Infectious disease control.
g. Emergency procedures.
6. Medical consultation is available from a physician or local health department in establishing
policy for the management of mildly ill children.
(e) Communicable disease.
1. A child with a reportable communicable disease specified in ch. DHS 145 may not be
admitted to or be permitted to remain in a child care center during the period when the disease is
communicable.
2. When it is determined that a person in contact with children or a child enrolled in a child care
center has a reportable communicable disease under ch. DHS 145, such as German measles,
infectious hepatitis, measles, mumps, or meningitis, the local public health officer, the department
and the parents of exposed children shall be notified...
3. An employee, volunteer or a child may be readmitted to the group child care center if there is
a statement from a physician that the condition is no longer contagious or if the person has been
absent for a period of time equal to the longest usual incubation period for the disease as specified by
the department.
Note: The Wisconsin Department of Health Services, Division of Public Health, has developed materials
that identify those communicable diseases that are required to be reported to the local public health officer.
These materials also provide additional guidance on the symptoms of each disease and information on how long
an infected child must be excluded from the center. The materials include a communicable disease chart and
exclusion guidelines for child care centers. Copies of the communicable disease chart or the exclusion
guidelines for child care centers are available from the Child Care Information Center at 800-362-7353.
(f) Medications.
WISCONSIN ADMINISTRATIVE CODE
31
251.07(6)(f)1.
1. Center staff may give prescription or non-prescription medication, such as pain relievers,
teething gels or cough syrup, to a child only under the following conditions:
a. A written authorization that includes the child’s name and birthdate, name of medication,
administration instructions, medication intervals and length of the authorization dated and signed by
the parent is on file. Blanket authorizations that exceed the length of time specified on the label are
prohibited.
Note: The department’s form, Authorization to Administer Medication — Child Care Centers, is used to
obtain the parent’s authorization to provide medications. Information on how to obtain the department’s form is
available on the department’s website, http://dcf.wisconsin.gov, or from any regional licensing office in
Appendix A.
b. The medication is in the original container and labeled with the child’s name and the label
includes the dosage and directions for administration.
c. A written record, including type of medication given, dosage, time, date and the name or
initials of the person administering the medication, shall be made in the center medical log book on
the same day that the medication is administered.
Note: See s. DCF 251.04(6)(c) on maintaining a center medical log book.
2. Sunscreen and insect repellent may only be applied upon the written authorization of the
parent. The authorization shall include the ingredient strength of the sunscreen or repellent.
Authorizations shall be reviewed every 6 months and updated as necessary. If sunscreen or insect
repellent is provided by the parent, the sunscreen or repellent shall be labeled with the child’s name.
The recording of the application of sunscreen or insect repellent is not necessary.
3. Medication shall be stored so that it is not accessible to the children.
4. Medication requiring refrigeration shall be kept in the refrigerator in a separate, covered
container clearly labeled “medication”.
5. All medication for a child in care shall be administered by the center as directed on the label
and as authorized by the parent.
6. No medication intended for use by a child in the care of the center may be kept at the center
without a current medication administration authorization from the parent.
(g) Health precautions.
1. Bodily secretions such as runny noses, eye drainage and coughed-up matter shall be wiped
with a disposable tissue used once and placed in a plastic-lined container. Whoever does the wiping
shall wash his or her hands immediately.
2. Bodily secretions on surfaces shall be washed with soap and water and disinfected with a
bleach solution of one tablespoon bleach to one quart of water, made fresh daily. Hands shall be
washed immediately.
3. Children shall be protected from sunburn with protective clothing, if not protected by
sunscreen.
4. Children shall be clothed to assure body warmth and comfort.
(h) Universal precautions.
1. Center staff shall adopt universal precautions when exposed to blood and blood-containing
body fluids and injury discharges of all children.
2. All persons exposed to blood or blood-containing body fluids and tissue discharges shall
wash their hands immediately with soap and warm running water.
3. Single use disposable gloves shall be worn if there is contact with blood-containing body
fluids or tissue discharges. Hands shall be washed with soap and water after removal of gloves.
Gloves shall be discarded in plastic bags.
4. For spills of vomitus, urine, feces, blood or other body fluids, center staff shall clean and
disinfect the floors, walls, bathrooms, tabletops, toys, kitchen countertops and diaper changing tables.
(i) Personal cleanliness.
1. A child’s hands shall be washed with soap and warm running water before meals and snacks
and after toileting or diapering. A child’s hands and face shall be washed after meals.
2. Persons working with children shall wash their hands with soap and warm running water
before handling food, and after assisting with toileting and after wiping bodily secretions from a child
with a disposable tissue.
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3. Cups, eating utensils, toothbrushes, combs and towels may not be shared and shall be kept in
a sanitary condition.
4. Wet or soiled clothing and diapers shall be changed promptly from an available supply of
clean clothing.
5. Applicable rules under s. DCF 251.09(4) shall apply to child care workers when children 2
years of age and older require attention for diapering and toileting.
6. If running water is not immediately available when outdoors or on field trips, soap and waterbased wet wipes may be used. When running water becomes available, hands must be washed
immediately with soap and running water.
7. Disinfecting hand sanitizers may not replace the use of soap and water when washing hands.
(j) Injuries.
1. Written permission from the parent to call a child’s physician or refer the child for medical
care in case of injury shall be on file at the center. The center shall contact the parent as soon as
possible after an emergency has occurred or, if the injury is minor, when the parent picks up the child.
2. A center shall identify a planned source of emergency medical care, such as a hospital
emergency room, clinic or other constantly staffed facility, and shall advise parents about the
designated emergency medical facility.
3. A center shall establish and follow written procedures for bringing a child to an emergency
medical care facility and for treatment of minor injuries.
4. First aid procedures shall be followed for serious injuries.
5. Each center shall have a supply of bandages, tape, and Band-Aids.
6. Superficial wounds shall be cleaned with soap and water only and protected with a bandaid or
bandage.
7. Suspected poisoning shall be treated only after consultation with a poison control center.
8. A daily record of injuries shall be kept in the medical log book.
9. Records of injuries shall be reviewed by the director or designated person with staff every 6
months in order to ensure that all possible preventive measures are being taken. There shall be
documentation in the medical log book that reviews have taken place.
Note: See s. DCF 251.04(6)(c) on maintaining a medical log book.
(k) Health examination and history.
1. Each child under 2 years of age shall have an initial health examination not more than 6
months prior to nor 3 months after being admitted to a center, and a follow-up health examination at
least once every 6 months thereafter.
2. Each child 2 years of age and older shall have an initial health examination not more than one
year prior to nor later than 3 months after being admitted to the center, and a follow-up health
examination at least once every 2 years thereafter. School-age children are not required to have a
health exam.
3. The health examination report shall be on a form provided by the department and shall be
signed and dated by a physician, physician assistant or HealthCheck provider.
Note: The department’s form, Child Health Report — Child Care Centers, is used to record health
examination information. Information on how to obtain the department’s form is available on the department’s
website, http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.
Note: A HealthCheck provider is a medical professional associated with or employed by an outpatient
hospital facility, a health maintenance organization, a visiting nurse association, a clinic operated under a
physician’s supervision, a local public health agency, a home health agency, a rural health clinic, an Indian
health agency or a neighborhood health center.
4. The health examination requirement under subd. 1. or 2. does not apply if the parent of a
child requests in writing that the department grant an exemption based upon the parent’s adherence to
religious belief in exclusive use of prayer or spiritual means for healing in accordance with the
teachings of a bona fide religious sect or denomination.
5. A child’s health history on a form prescribed by the department completed by the child’s
parent shall be on file at the center by the first day of attendance. Information contained on the health
history form shall be shared with any child care worker assigned to care for the child.
Note: The department’s form, Health History and Emergency Care Plan, is used to record a child’s health
history. Information on how to obtain the form is available on the department’s website,
http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.
WISCONSIN ADMINISTRATIVE CODE
33
251.07(6)(L)
(L) Immunization. The center shall maintain a record of immunizations for each child to
document compliance with s. 252.04, Stats., and ch. DHS 144.
Note: The form, Day Care Immunization Record, may be used to record immunization information. An
electronic printout from the Wisconsin Immunization Registry or other registry maintained by a health care
provider may be used in place of the Day Care Immunization Record. Information on how to obtain the form is
available on the department’s website, http://dcf.wisconsin.gov, or from any regional licensing office in
Appendix A.
(7) PETS AND ANIMALS.
(a) Animals shall be maintained in good health and appropriately immunized against rabies.
Rabies vaccinations shall be documented with a current certificate from a veterinarian.
Note: Service animals used to assist persons with a disability are not considered pets when they
are used as a service animal.
(b) Animals that pose any risk to the children shall be restricted from the indoor and outdoor
areas used by children.
(c) Licensees shall ensure that parents are aware of the presence of pets and animals in the
center. If pets and animals are allowed to roam in areas of the center occupied by children, written
acknowledgement from the parents shall be obtained. If pets are added after a child is enrolled,
parents shall be notified in writing prior to the pets’ addition to the center.
(d) Reptiles, amphibians, turtles, ferrets, poisonous animals, psittacine birds, exotic and wild
animals may not be accessible to children.
Note: Psittacine birds are hooked-billed birds of the parrot family that have 2 toes forward and 2 toes
backward and include parrots, macaws, grays, lovebirds and cockatoos.
(e) All contact between pets or animals and children shall be under the close supervision of a
child care worker who is close enough to remove the child immediately if the pet or animal shows
signs of distress or the child shows signs of treating the pet or animal inappropriately.
(f) Pets in classrooms shall be confined in cages while food is being prepared or served in the
classroom. Pets, cages and litter boxes are prohibited in kitchens, lunch rooms, and food storage
areas. Pet and animal feeding dishes, excluding water dishes, and litter boxes may not be placed in
areas accessible to children.
(g) Indoor and outdoor areas accessible to children shall be free of animal excrement.
(h) If dogs or cats are allowed in areas of the center accessible to children, the certificate of
insurance required under s. DCF 251.04(2)(g) shall indicate the number and types of pets covered by
the insurance.
(i) Licensees shall ensure that the center is in compliance with all applicable local ordinances
regarding the number, types and health status of pets or animals.
(8) MISCELLANEOUS ACTIVITIES. A center which includes in its program watercraft, riflery,
archery or horseback riding shall comply with the applicable requirements under s. DCF 252.44(8),
(9) and (11).
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WISCONSIN ADMINISTRATIVE CODE
DCF 251.08 Transportation.
(1) APPLICABILITY. This section applies to all center-provided transportation of children,
including both regularly scheduled transportation to and from the center and transportation for field
trips that are under the auspices of the center.
(2) GENERAL.
(a) The center shall be responsible for a child between the time the child is placed in a vehicle
until the child reaches his or her destination and is released to a person responsible for the child.
(b) The following emergency information shall be carried in the vehicle for each child
transported:
1. An address and telephone number where a parent or other adult can be reached in an
emergency.
2. The name, address, and telephone number of the child’s physician or medical facility.
3. Written consent from the child’s parent for emergency medical treatment.
Note: The licensee may use either the department’s form, Transportation Permission — Child Care
Centers, or the licensee’s own form to obtain consent of the child’s parent for emergency medical treatment.
Information on how to obtain the department’s form is available on the department’s website,
http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.
(c) Smoking is prohibited in the vehicle while children are being transported.
(d) The center administrator shall submit a copy of any accident report to the department within 5
days after the occurrence of an accident involving a vehicle transporting children.
(3) DRIVER.
(a) The driver of a center-provided vehicle shall be or have all of the following:
1. At least 18 years of age.
2. A valid Wisconsin operator’s license for the type of vehicle driven.
3. At least one year of experience as a licensed driver.
(b) The licensee shall obtain a copy annually of the driving record for each driver of a centerprovided vehicle and shall place the record in the staff file. The licensee shall review each driving
record to ensure that the driver has no accidents or traffic violations that would indicate that having
children ride with the driver could pose a threat to the children.
Note: Information on how to obtain driver license records can be obtained by contacting the Department of
Transportation at 608-261-2566 or http://www.dot.wisconsin.gov/drivers/drivers/points/abstract.htm.
(c) A driver whose driving record poses a threat to the children may not transport children.
(4) VEHICLE.
(a) A vehicle used to transport children shall be:
1. Registered in Wisconsin.
2. Clean, uncluttered and free of obstructions on the floors, aisles and seats.
3. Enclosed. Children may not be transported in a truck except in the cab.
(b)1. Each child who is under 1 year of age or who weighs less than 20 pounds shall be properly
restrained in a rear-facing individual child car safety seat when being transported in a vehicle as
specified in s. 347.48, Stats.
2. Each child who is at least 1 year of age but less than 4 years of age or who weighs at least 20
pounds but less than 40 pounds shall be properly restrained in a forward-facing individual child car
safety seat when being transported in a vehicle as specified in s. 347.48, Stats.
3. Each child who is at least 4 years of age but less than 8 years, weighing not more than 80
pounds or taller than 4 feet 9 inches shall be properly restrained in a shoulder-positioning child
booster seat when being transported in a vehicle as specified in s. 347.48, Stats.
4. Each child who is not required to be transported in an individual child car safety seat or
booster seat when being transported in a vehicle shall be properly restrained by a seat belt. Each adult
in the vehicle shall be properly restrained by a seat belt. Seat belts may not be shared.
5. Children transported in school buses or vehicles built to school bus standards shall be
properly seated according to the manufacturer’s specifications.
(c) Passenger doors shall be locked at all times when a vehicle transporting children is moving.
(d) Children under age 13 may not ride in the front seat of a vehicle.
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35
251.08(5)
(5) VEHICLE CAPACITY AND SUPERVISION.
(a) Children may not be left unattended in a vehicle.
(b) When children are transported in a vehicle, there shall be at least one adult supervisor in
addition to the driver in either of the following circumstances:
1. There are more than 3 children who are either under 2 years of age or have a disability which
limits their ability to respond in an emergency.
2. There are more than 10 children under 5 years of age in the vehicle.
(c) After transporting a child to his or her destination, an adult shall wait until the child enters the
building or is in the custody of an adult designated by the parent, unless otherwise authorized by the
parent of a school-age child.
(d) A seat in the vehicle shall be provided for each child. In a vehicle not required to have seat
belts, the manufacturer shall determine the capacity of the vehicle.
(e) The center shall develop and implement a procedure to ensure that all children exit the
vehicle after being transported to a destination.
(6) REGULARLY SCHEDULED TRANSPORTATION.
(a) When regularly scheduled transportation is provided by a center, the center shall maintain the
following information in writing at the center and in each vehicle:
1. A list of children transported.
2. The transportation route and scheduled stops.
3. The name and address of the person authorized to receive a child if the child is dropped off at
a place other than the child’s residence.
4. Procedures to be followed when the parent or designated authorized adult is not at home to
receive the child.
(b) The center shall maintain written safety precautions to be followed and implemented when
transporting children with disabilities or children who have a limited ability to respond in an
emergency.
(c) When transportation services are contracted or chartered, the name, address and telephone
number of the contracting firm and the name of a representative of the firm who may be contacted
after hours shall be on file at the center.
(7) CENTER VEHICLES.
(a) A center-provided vehicle shall be in safe operating condition. Except for licensed contract
motor carrier vehicles, the licensee shall provide the department evidence of the vehicle’s safe
operating condition at 12-month intervals on a form the department provides. Licensed contract
motor carrier vehicles shall comply with all applicable standards for those vehicles.
Note: The department’s form, Vehicle Safety Inspection, is used to record evidence of the vehicle’s safe
operating condition. Information on how to obtain the department’s form is available on the department’s
website, http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.
(b) A center-provided vehicle, other than a licensed contract motor carrier, shall be equipped
with a first aid kit.
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WISCONSIN ADMINISTRATIVE CODE
DCF 251.09 Additional requirements for infant and toddler care.
(1) APPLICABILITY AND GENERAL REQUIREMENTS.
(a) Group child care centers providing care and supervision to infants and toddlers shall comply
with the additional requirements of this section.
(am) Prior to admission, an interview shall be conducted with a child’s parent or guardian to
obtain written information which will aid child care workers in individualizing the program of care
for the child. Information shall include all of the following:
1. Schedule of meals and feeding.
2. Types of food introduced and timetable for new foods.
3. Toileting and diapering procedures.
4. Sleep and nap schedule.
5. The child’s way of communicating and being comforted.
6. Developmental and health history.
Note: The licensee may use the department’s form, Intake for Child Under 2 Years — Child Care Centers,
or the licensee’s own form to record information for individualizing the program of care for each child.
Information on how to obtain the department’s form is available on the department’s website,
http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.
(b) Admission information for an infant or toddler shall be on file in the room or area to which
the child is assigned and shall be known to the child care worker.
(c) Child care workers shall document changes in a child’s development and routines every 3
months based on discussion with the parent.
(d) Each infant and toddler shall be cared for by a regularly assigned child care worker in a
specific self-contained room or area. Infants and toddlers may not be transferred to the care of
another child care worker or another group or room in order to adjust group sizes or staff-to-child
ratios, except under one of the following circumstances:
1. During the first 2 hours and the last 2 hours of center operation.
2. When the number of children in a group is one or 2 children to one child care worker.
(e) The regularly assigned child care teacher and assistant child care teacher for each group of
infants and toddlers shall have a minimum of 10 hours of training in infant and toddler care approved
by the department within 6 months after assuming the position. If the training is not part of the
required entry-level training under s. DCF 251.05(1)(d) or (e), it shall be obtained through continuing
education.
(f) Infants and toddlers are restricted to first floors and ground floors having direct grade-level
exits unless the building is in compliance with all applicable building codes that permit children to be
cared for on other levels. The building inspection report on file with the licensing office shall
indicate that children under 2 years of age may be cared for on other levels of the center.
(g) Safety gates shall be provided at open stairways.
(h) For centers licensed on or after January 1, 2009, the space occupied by cribs shall be
deducted in determining the 35 square feet space requirement under s. DCF 251.06(7)(a) for each
child.
(i) The number of children under one year of age admitted at any one time may not exceed the
number of cribs and playpens.
(j) Cribs and playpens shall contain a tight fitting mattress and any mattress covering shall fit
snugly over the mattress. Water beds may not be used by children under age 2.
(k) Sheets or blankets used to cover the child shall be tucked tightly under the mattress and shall
be kept away from the child’s mouth and nose.
(L) Children under one year of age may not sleep in a crib or playpen that contains soft materials
such as sheepskins, pillows, fluffy blankets, bumper pads or stuffed animals.
(2) DAILY PROGRAM.
(a) Child care workers shall respond promptly to a crying child’s needs.
(b) Each infant and each toddler shall be allowed to form and follow his or her own pattern of
sleeping and waking.
(bm) Each child under one year of age shall be placed to sleep on his or her back in a crib unless
otherwise specified in writing by the child’s physician. The child shall be allowed to assume the
position most comfortable to him or her when able to roll over unassisted.
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251.09(2)(c)
(c) Emphasis in activities shall be given to play as a learning and growth experience.
(d) Throughout the day each infant and each toddler shall receive physical contact and attention
such as being held, rocked, talked to, sung to and taken on walks inside and outside the center.
(e) Routines relating to activities such as taking a nap, eating, diapering and toileting shall be
used as occasions for language development and other learning experiences.
(f) When a non-mobile child is awake, the child care worker shall change the child’s body
position and location in the room periodically. Non-mobile children who are awake shall be placed in
on their stomach occasionally throughout the day.
(g) The non-walking child who can creep or crawl shall be given opportunities during each day
to move freely by creeping and crawling in a safe, clean, open, warm and uncluttered area.
(h) Child care workers shall encourage infants and toddlers to play with a wide variety of safe
toys and objects.
(i) Infants and toddlers shall be taken outdoors for part of each day except during inclement
weather or when this is not advisable for health reasons.
(j) Equipment shall be provided to take infants and toddlers out of doors for a walk.
(k) An adult-size rocking chair or other adult-size chair shall be provided for each child care
worker for the purpose of holding and rocking children.
(3) FEEDING.
(a) Child care workers shall do all of the following:
1. Feed each infant and each toddler on the child’s own feeding schedule.
2. Ensure that food and formula brought from home are labeled with the child’s name and dated,
and are refrigerated if required.
3. Ensure that formula prepared by the center is of the commercial, iron-enriched type and
mixed according to the manufacturer’s directions.
4. Except as provided in subd. 6., provide formula or breast milk to all children under 12 months
of age.
6. Provide a type of milk other than a type under subd. 4., or a milk substitute, only on the
written direction of the child’s physician.
7. Discard leftover milk or formula after each feeding and rinse bottles after use.
8. Offer drinking water to infants and toddlers several times daily.
9. Hold a child unable to hold a bottle whenever a bottle is given. Bottles may not be propped.
10. Cover, date and refrigerate commercial baby food containers which are opened and foods
prepared in the center which are stored. If not used within 36 hours, leftover food shall be discarded.
11. Hold or place a child too young to sit in a high chair in an infant seat during feeding. Widebased high chairs, hook-on chairs or infant seats with safety straps shall be provided for children who
are not developmentally able to sit at tables and chairs.
12. Encourage children to experiment with self-feeding with their hands and spoons. Eating
utensils and cups shall be scaled to the size and developmental level of the children.
13. Offer a variety of nourishing foods to each child, such as cereal, vegetables, fruit, egg yolks
and meat, according to the child’s developmental level and the parent’s feeding schedule.
14. Refrain from feeding a child directly from commercial food containers.
15. Refrain from heating breast milk in a microwave oven.
(b) Procedures for heating infant formula, milk and food in a microwave oven shall be posted
near the microwave oven. Child care workers shall follow the posted procedures for heating food,
milk and formula.
(4) DIAPERING AND TOILETING.
(a) Child care workers shall do all of the following:
1. Plan toilet training in cooperation with the parent so that a child’s toilet routine is consistent
between the center and the child’s home, except that no routine attempts may be made to toilet train a
child under 18 months of age.
2. Change wet or soiled diapers and clothing promptly.
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251.09(4)(a)3.
WISCONSIN ADMINISTRATIVE CODE
3. Change each child on an easily cleanable surface which is cleaned with soap and water and a
disinfectant solution after each use with a chlorine bleach solution of one tablespoon bleach to one
quart of water, made fresh daily, or a quaternary ammonia product prepared in accordance with label
directions.
Note: A quaternary ammonia product is any of a group of compounds in which a central nitrogen atom is
joined to four organic radicals and one acid radical, used as antiseptics and disinfectants. Benzalkonium
chloride, dimethyl benzyl ammonium chloride, and dodecyl dimethyl ammonium chloride are the names of
some common ammonium compounds that might identify a product as a quaternary ammonium product. The
chemical name for bleach is sodium hypochlorite.
4. If the diapering surface is above floor level, provide a barrier or restraint to prevent falling. A
child may not be left unattended on the diapering surface.
5. Place disposable soiled diapers and gloves, if used, in a plastic-lined, hands-free, covered
container immediately.
6. Place parent-supplied soiled cloth diapers in labeled plastic bags which are kept separate from
other clothing.
7. Place center-supplied soiled cloth diapers in a plastic-lined, covered container for washing by
a commercial diaper service.
8. Remove soiled diapers from containers as needed but at least daily for washing or disposal.
Containers shall be washed and disinfected daily.
9. Wash hands with soap and running water before and after each diapering or assistance with
toileting routines. For children under one year, hands may be washed with soap and a fabric or paper
washcloth.
10. Apply lotions, powders or salves to a child during diapering only at the specific written
direction of the child’s parent or the child’s physician. The directions on use shall be posted in the
diaper changing area. Recording the use of lotions, powders or salves during diapering in the medical
log book is not required.
11. Wash the child’s diaper area before each diapering with a disposable or fabric towel used
only once.
(b) Each self-contained classroom or area serving infants or toddlers who are diapered shall have
a sink with hot and cold running water which is not used for food preparation or dishwashing within
the room or area.
(c) There shall be a solid barrier between the diapering area and any food preparation area.
(d) There shall be a supply of dry and clean clothing and diapers sufficient to meet the needs of
all the children at the center.
WISCONSIN ADMINISTRATIVE CODE
39
DCF 251.095 Exceptions and additional requirements for care of school-age children.
(1) APPLICABILITY. This section applies to group child care centers that serve only school-age
children and group child care centers that serve school-age children in groups separate from children
who are under 5 years of age. This section does not apply to group child care centers where schoolage children are served in groups with children under 5 years of age.
(2) EXCEPTIONS FOR GROUP CHILD CARE CENTERS SERVING ONLY SCHOOL-AGE CHILDREN. All
requirements under ss. DCF 251.04 to 251.08 and 251.11 apply to group child care centers serving
school-age children except for the following requirements:
(a) Section DCF 251.06(2)(b) but only in regard to protection of electrical outlets.
(b) Section DCF 251.06(8)(d) and (e) relating to shelves and storage space for clothing and
personal belongings.
(c) Section DCF 251.06(11)(b)7. concerning a permanent enclosure of outdoor space. If hazards
exist, such as traffic or bodies of water, the boundaries of outdoor play space shall be made known to
the children.
(d) Section DCF 251.05(1)(e)2., relating to training for assistant child care teachers.
(e) Section DCF 251.05(3)(b), relating to supervision of children, does not apply to children 8
years of age and older in the child care center.
(3) EXCEPTIONS FOR GROUP CHILD CARE CENTERS SERVING ONLY SCHOOL-AGE CHILDREN IN
SCHOOL BUILDINGS. The following requirements do not apply to group child care centers serving
only school-age children in school buildings currently in use as school buildings:
(a) Section DCF 251.05(1)(e)2., relating to training for assistant child care teachers.
(b) Section DCF 251.06(1)(a) on maintaining a building inspection report.
(c) Section DCF 251.06(4)(a) on fire extinguishers.
(d) Section DCF 251.06(4)(j) on testing smoke detectors and fire alarms.
(dm) Section DCF 251.06(5)(c) on the requirement that garbage containers be covered. All other
requirements of this section shall be met.
(e) Section DCF 251.06(6)(b) on testing well water.
Note: The requirements in pars. (b) to (e) do not apply to centers serving only school-age children in
school buildings because school buildings are covered in chs. Comm 61 to 65 and NR 109.
(4) ADDITIONAL REQUIREMENTS FOR GROUP CHILD CARE CENTERS SERVING SCHOOL-AGE
CHILDREN.
(a) Supervision.
1. A center serving school-age children is responsible for the health, safety and well-being of a
child between the time the child arrives at the center and the time the child is released to the parent or
to another activity which is specifically authorized in writing by the parent.
2. The center shall have on file an agreement, signed by the parent, which specifies the
attendance schedule to be followed and authorizes the child’s release to activities away from the
center.
Note: The licensee may use either the department’s form, Alternate Arrival/Release Agreement — Child
Care Centers, or the licensee’s own form for securing the parent’s signed agreement. Information on how to
obtain the department’s form is available on the department’s website, http://dcf.wisconsin.gov, or from any
regional licensing office in Appendix A.
3. School-age children 8 years of age and older may be authorized by staff to participate in
center-sponsored activities in the child care center away from direct supervision by center staff.
5. School-age children 8 years of age and older may move between groups if a tracking method
is implemented to ensure that child care workers know the whereabouts of each child assigned to the
worker’s care.
(b) Staff qualifications.
1. The administrator of a center serving only school-age children shall meet the requirements in
s. DCF 251.05(1)(d)2. or department-approved experience, credits or courses in elementary
education, physical education, child guidance or recreation or other department-approved training.
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251.095(4)(b)2.
WISCONSIN ADMINISTRATIVE CODE
2. A center director or child care teacher of a center serving only school-age children shall meet
the requirements of s. DCF 251.05(1)(e) or (f), as appropriate, or shall substitute for those
requirements department-approved experience, credits or approved courses in elementary education,
physical education, child guidance, recreation or other department-approved training.
3. Each assistant child care teacher shall meet the requirements in s. DCF 251.05(1)(g) or shall
have satisfactorily completed at least 10 hours of training approved by the department in the care of
school-age children within 6 months after assuming the position.
(c) Program. A center serving school-age children shall have a planned program which provides
a change from the routine of school through provision of:
1. Rest and quiet areas.
2. Recreational activities, including outdoor and active play.
3. Freedom for children to select and plan their own activities.
(d) Meals and snacks.
1. Children enrolled in school who are attending the center when a meal or snack is served shall
be offered the meal or snack.
2. School-age children present after school shall be served a snack.
WISCONSIN ADMINISTRATIVE CODE
41
DCF 251.10 Additional requirements for night care.
(1) APPLICABILITY. Group child care centers which operate during any period of time between
9:00 p.m. and 5:00 a.m. shall comply with the additional requirements of this section.
(2) GENERAL REQUIREMENTS.
(a) A center offering night care may serve no more than 20 children at any one time between
9:00 p.m. and 5:00 a.m. unless the building is equipped with emergency lighting supplied by a standby power source.
(b) When the same premises are used for the operation of both day care and night care, the
number of children during any overlapping of the day care and night care periods may not exceed the
maximum licensed capacity of the center.
(c) Minimum staff-child ratios and group sizes as specified in s. DCF 251.05(4) shall be
maintained during night care.
(d) All child care workers on duty shall remain awake, available, within call and able to respond
to the needs of the children during night care.
(e) The parent or center shall provide each child in night care with an individually labeled
sleeping garment and a toothbrush.
(3) PROGRAM.
(a) Child care staff shall work with a child’s parent to coordinate how the child spends his or her
time during night care at the center with the family’s schedule.
(b) A center offering night care shall provide a self-contained room away from sleeping children
where an awake child can engage in activities.
(c) An evening and morning schedule of program activities shall be planned for the hours that
children in night care are awake.
(d) School-age children shall have an opportunity to read or do school work.
(4) PREVENTIVE MEASURES.
(a) Child care workers shall be given training in techniques of evacuating sleeping children in an
emergency during orientation to the job.
(b) Centers operating during hours of darkness shall provide emergency lighting, such as an
operable flashlight, for each self-contained room used by children.
(c) Fire evacuation drills shall be practiced during night care hours at least 2 times per year.
(5) FEEDING.
(a) Breakfast shall be served to all children in care for the night, unless the parent specifies
otherwise.
(b) A nighttime snack shall be available to all children in care.
(c) A child present at the time the evening meal is served shall be served the evening meal.
(6) SLEEP.
(a) Children who attend the center for the evening hours but not the whole night shall have an
opportunity to sleep, as needed.
(b) Sleep routines for individual children shall be based on information provided by the parents.
(c) A bed, crib or cot with sheets and blankets or a sleeping bag, individual to each child, shall be
provided in night care.
(d) The center shall maintain a supply of extra sleeping garments and bedding for emergencies
and accidents.
(e) Children under 2 years of age in night care shall sleep in cribs.
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WISCONSIN ADMINISTRATIVE CODE
DCF 251.11 Licensing administration.
(1) GENERAL CONDITIONS FOR APPROVAL OF LICENSE.
(a) A facility that provides care on a regular basis to 9 or more children under the age of 7 years
shall be deemed to be providing care for compensation and shall be licensed as a group child care
center.
(b) Prior to receiving a license, an applicant for a license under this chapter shall complete all
application forms truthfully and accurately and pay all fees and forfeitures due to the department.
(c) The department may refuse to issue or continue a license if another center operated by the
licensee is in substantial non-compliance with the licensing rules or has any outstanding fine or
forfeitures.
(d) Persons licensed to operate a group child care center shall be responsible, mature individuals
who are fit and qualified. In determining whether an applicant is fit and qualified, the department
shall consider any history of civil or criminal violations or other offenses substantially related to the
care of children by the applicant, owner, manager, representative, employee, center resident or other
individual directly or indirectly participating in the operation of the group child care center. A
determination of being unfit and unqualified includes substantiated findings of child abuse or neglect
under ch. 48, Stats., or substantiated abuse under ch. 50, Stats., or under similar statutes in another
state or territory whether or not it results in a criminal charge or conviction.
(e) The department shall issue a group child care license to an applicant within 60 working days
after receipt and department approval of a properly completed application, satisfactory department
investigation and determination that the applicant is fit and qualified. Continued licensure requires a
licensee to remain fit and qualified.
(f) If the department has reason to believe that the physical or mental health of any person
associated with the care of children at the center or any household resident of the center might
endanger children in care, the department may require that a written statement be submitted by a
physician or, if appropriate, by a licensed mental health professional that shall certify the condition of
the individual and the possible effect of that condition on the group child care center or the children in
care.
(g) The department may deny or revoke the license if the examination specified under par. (f)
gives the department reasonable concern for the care of children.
(h) The department may not process an application for a license if the applicant has had a license
or certification to operate a child care center revoked or denied within the last 2 years. An applicant
is deemed ineligible to submit an application for a license and a licensee may not hire an employee
within 2 years from the date an applicant or employee had a child care license revoked or denied.
(i) The department shall consider a licensee who fails to submit any of the materials described in
sub. (3) or (4) by the expiration or continuation date of a license to have surrendered his or her license
and to no longer hold title to the license. The former licensee may not continue to operate the child
care center.
(2) INITIAL APPLICATION FOR A PROBATIONARY LICENSE.
(a) An applicant for a license shall participate in pre-licensing technical assistance towards the
completion of the initial licensing study checklist with a representative of the department prior to
submitting an application for a license.
Note: 1. Information on how to obtain pre-licensing technical assistance is available from the appropriate
Division of Early Care and Education regional office in Appendix A. The Department will provide the
application form to a license applicant upon completion of the pre-licensing technical assistance.
2. An initial licensing study checklist includes a list of those licensing rules that must be met before a
license can be issued. A copy of the checklist is available from a representative of the Department or from the
appropriate regional office in Appendix A.
(b) An applicant for a license shall submit an application at least 60 days before the date
proposed for the center to begin operating.
(c) An applicant for an initial license shall include all the following with the application form:
1. The license fee required under s. 48.65(3)(a), Stats.
2. A completed background information disclosure form provided by the department for the
applicant. If the center is or will be located in a residence, a completed background information
disclosure form shall be submitted for any household member aged 10 and above.
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251.11(2)(c)3.
3. A statement from a representative of the department that details the results of any prelicensing technical assistance.
4. A statement from the applicant that indicates the center is in compliance with all applicable
items in this chapter.
5. A copy of all the policies required under s. DCF 251.04(2)(h) and (i) and a completed copy of
the group child care policy checklist provided by the department.
Note: Information on how to obtain a copy of the Group Child Care Policy Checklist is available on the
department’s website, http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.
5g. The articles of incorporation and by-laws if the licensee is organized as a corporation,
association or cooperative. If the licensee is a limited liability company, articles of organization shall
be submitted.
5r. A written delegation of administrative authority signed by the licensee. The delegation of
administrative authority shall describe the organizational structure of the center and identify by
position or name, those persons on the premises who are in charge of the center for all hours of
operation.
6. Any other materials determined by the department as necessary to complete the department’s
licensing investigation.
(d) Upon submission of a complete application, the department shall conduct an investigation to
determine whether the applicant is eligible for a license.
(e) If the department determines that the applicant is eligible for a license, the department shall
issue a probationary license having a 6-month duration. A probationary license may be renewed for
one 6-month period.
(f) If the department determines that an application does not comply with the applicable
requirements of this chapter or the department’s investigation determines that the applicant is not
eligible for a license, the department may deny the application.
(3) OBTAINING A REGULAR LICENSE.
(a) At least 30 days before the expiration date of a probationary license, an applicant for license
renewal shall submit to the department the following materials:
1. A completed license application.
2. Any completed background information disclosure forms required under s. 48.685, Stats.,
including any applicable fees.
3. The license renewal fee under s. 48.65(3)(a), Stats., and any forfeiture due and owing under s.
48.715(3), Stats., or penalty under s. 48.76, Stats.
4. Any changes to center policies, if not previously submitted.
5. Any changes to the delegation of administrative authority if not previously submitted.
6. Any other materials determined by the department as necessary to complete the department’s
licensing investigation.
(b) If the department determines that the applicant has met the minimum requirements for a
license under s. 48.67, Stats., and if the applicant has paid any applicable fees under ss. 48.65 and
48.685(8), Stats., any forfeiture under s. 48.715(3)(a), Stats., and any applicable penalty under s.
48.76, Stats., the department shall issue a regular license. Regular licenses shall be reviewed and
continued for a 2-year period.
(4) CONTINUING A REGULAR LICENSE.
(a) A regular license shall be valid indefinitely, unless suspended or revoked by the department
or surrendered by the licensee.
(b) At least 30 days before the continuation review date of the license, an applicant for license
renewal shall submit to the department the following materials:
1. A completed license continuation application.
2. Any completed background information disclosure forms required under s. 48.685, Stats.,
including any applicable fees.
3. The license renewal fee under s. 48.65(3)(a), Stats., and any forfeiture due and owing under s.
48.715(3), Stats., or penalty under s. 48.76, Stats.
4. Any changes to center policies, if not previously submitted.
44
251.11(4)(b)5.
WISCONSIN ADMINISTRATIVE CODE
5. Any changes to the delegation of administrative authority if not previously submitted.
6. Any other materials determined by the department as necessary to complete the department’s
licensing investigation.
Note: The department will supply a copy of the form, License Application — Group Child Care Centers,
prior to the continuation date of the license.
(c) If the department determines that the licensee has met the minimum requirements for a
license under s. 48.67, Stats., has paid the applicable fees referred to in ss. 48.65 and 48.685(8),
Stats., any forfeiture under s. 48.715(3)(a), Stats., and any penalty under s. 48.76, Stats., the
department shall continue the license for an additional 2 years.
(5) AMENDING A LICENSE.
(a) A licensee shall submit to the department a written request for an amendment to the license if
the licensee wishes to change any of the following aspects of the license:
1. A change in the licensed capacity of the center.
2. The age range of the children.
3. The hours of the center’s operation.
4. The days of the week the center is in operation.
5. The months of the year the center is in operation.
6. The name of the center.
(b) A licensee may not make a change that affects a condition of the license under par. (a)
without the prior written approval of the department.
(c) A licensee may not move the center to a new location or change ownership of the center
without notifying the department at least 30 days prior to the change. A new application and license
is required when a center moves or changes ownership.
Note: The department’s form, License Application — Group Child Care Centers, is used to apply for a
new license. The department will provide an application when notified by the licensee that the center will move
to a new location.
(d) A licensee proposing to increase the licensed capacity of a center shall demonstrate
compliance with this chapter in the operation of the existing center and compliance with rules for any
other facility licensed by the department and operated by the licensee.
(6) ADDITIONAL LICENSE. A licensee applying for a license for an additional center location
shall demonstrate compliance with this chapter in the operation of the existing center he or she
operates and compliance with rules for any other facility licensed by the department and operated by
the licensee. The licensee shall pay any fines, forfeitures or other fees due and owing under s. 48.715,
Stats., or s. 48.65, Stats., on other facilities licensed by the department before the department issues
an additional license.
(7) LICENSE DENIAL OR REVOCATION.
(a) The department may deny, revoke or suspend a license, initiate other enforcement actions
specified in this chapter or in ch. 48, Stats., or place conditions on a license if the applicant or
licensee, a proposed or current employee, a volunteer or any other person having regular contact with
the children, has or has been any of the following:
1. The subject of a pending criminal charge for an action that substantially relates to the care of
children or activities of the center.
2. Convicted of a felony, misdemeanor or other offense or action that substantially relates to the
care of children or activities of the center.
3. Determined to have abused or neglected a child pursuant to s. 48.981, Stats., or has been
determined to have committed an offense which substantially relates to the care of children or the
activities of the center.
4. The subject of a substantiated finding of misconduct in the department’s nurse aide registry
under s. DHS 129.10.
WISCONSIN ADMINISTRATIVE CODE
45
251.11(7)(a)5.
5. The subject of a court finding that the person has abandoned his or her child, has inflicted
sexual or physical abuse on a child or has neglected or refused, for reasons other than poverty, to
provide necessary care, food, clothing, medical or dental care or shelter for his or her child or ward or
a child in his or her care so as to seriously endanger the physical health of the child.
6. Had a child care license or certification revoked or denied within the last 5 years.
7. Violated any provision of this chapter or ch. 48, Stats., or fails to meet the minimum
requirements of this chapter.
8. Made false statements or withheld information.
Note: Examples of charges and offenses the department will consider in making a determination under this
paragraph that an act substantially relates to the care of children are: abuse or neglect of a child; sexual assault;
abuse of a resident of a facility; a crime against life and bodily security; kidnapping; abduction; arson of a
building or of property other than a building; robbery; receiving stolen property from a child; a crime against
sexual morality, such as enticing a minor for immoral purposes or exposing a minor to harmful materials; and
interfering with the custody of a child. The list is illustrative. Other types of offenses may be considered.
(b) The department may deny, revoke, refuse to renew or suspend a license, initiate other
enforcement actions specified in this chapter or in ch. 48, Stats., or place conditions on the license if
the applicant or licensee is not fit and qualified as determined under sub. (1).
Note: See DCF 251.03(11g) for the definition of “fit and qualified.” Examples of charges, actions or
offenses the department will consider in making a determination under this paragraph that an act substantially
relates to the care of children include the following: abuse or neglect of a child; sexual assault; abuse of a
resident of a facility; a crime against life and bodily security; kidnapping; abduction; arson of a building or of
property other than a building; robbery; receiving stolen property from a child; a crime against sexual morality,
such as enticing a minor for immoral purposes or exposing a minor to harmful materials, interfering with the
custody of a child. The list is illustrative. Other types of offenses may be considered.
(c) The department shall deny or refuse to continue or revoke a license if the applicant or
licensee has failed to pay court-ordered payments of child or family support, maintenance, birth
expenses, medical expenses or other expenses related to the support of a child or former spouse or for
the failure of the applicant or licensee to comply, after appropriate notices, with a subpoena or
warrant issued by the department or a county child support agency under s. 59.53(5), Stats., and
related to paternity or child support proceedings, as provided in a memorandum of understanding
entered into under s. 49.857, Stats. Notwithstanding s. 48.72, Stats., an action taken under this
subsection is subject to review only as provided in the memorandum of understanding entered into
under s. 49.857, Stats., and not as provided in s. 48.72, Stats.
(d) The department shall deny an application for the issuance or continuation of a license or
revoke a license if the department of revenue certifies under s. 73.0301, Stats., that the applicant or
licensee is liable for delinquent taxes. An action taken under this subsection is subject to review only
as provided under s. 73.0301(5), Stats., and not as provided in s. 48.72, Stats.
(8) EFFECT OF NOTICE TO DENY OR REVOKE A LICENSE.
(a)1. If the department decides under sub. (7) to deny the grant of a license or to revoke a
license, the department shall notify the applicant or licensee in writing of its decision and the reasons
for that decision.
2. If the department revokes a license, the effective date of the revocation shall be either
immediately or 30 days after the date of the notice, based on the criteria under s. 48.715(4m)(a) and
(b), Stats., unless the decision is appealed under sub. (10).
(b) Upon receipt of the notice in par. (a) and during any revocation or denial procedures that may
result, a group child care center may not accept for care any child not enrolled as of the date of receipt
of the notice without the written approval of the department.
(9) SUMMARY SUSPENSION OF A LICENSE.
(a) Under the authority of s. 227.51(3), Stats., the department shall summarily suspend a license
and close a group child care center when the department finds that the public health, safety or welfare
requires emergency action and incorporates a finding to that effect into its order. A finding of a
requirement for summary suspension of the license may be based on any of the following:
1. Failure of the licensee to provide environmental protections for the children, such as heat,
water, electricity or telephone service.
46
251.11(9)(a)2.
WISCONSIN ADMINISTRATIVE CODE
2. The licensee, an employee, a volunteer or any other person in regular contact with the
children in care has been convicted of or has a pending charge for a crime against life or bodily
security.
3. The licensee, an employee, a volunteer or any other person in regular contact with the
children in care has been convicted of a felony, misdemeanor or other offense that substantially
relates to the care of children or activities of the center or has a pending charge that substantially
relates to the care of children or activities of the center.
4. The licensee, employee, volunteer or any other person in regular contact with the children in
care is the subject of a current investigation for alleged child abuse or neglect pursuant to s. 48.981,
Stats., or has been determined by a child protective services agency or law enforcement agency to
have abused or neglected a child.
5. The licensee or a person under the supervision of the license has committed an action or has
created a condition relating to the operation or maintenance of the child care center that directly
threatens the health, safety or welfare of any child under the care of the licensee.
(b) An order summarily suspending a license and closing a group child care center may be a
verbal order by a licensing representative of the department. Within 72 hours after the order takes
effect, the department shall either permit the reopening of the center or proceed under sub. (7) or (8)
to revoke the license. A preliminary hearing shall be conducted by the department of administration’s
division of hearings and appeals, within 10 working days after the date of the initial order to close, on
the issue of whether the license shall remain suspended during revocation proceedings.
(10) APPEAL OF DECISION TO DENY OR REVOKE A LICENSE.
(a) Any person aggrieved by the department’s decision to deny a probationary or regular license
or to revoke a license may request a hearing on that decision under s. 227.42, Stats. The request for a
hearing shall be in writing and submitted to the department of administration’s division of hearings
and appeals. The request for a hearing shall be sent to the division of hearings and appeals within 10
days after the date of the notice under sub. (8). A request for a hearing is considered filed upon its
receipt by the division of hearings and appeals. A request for a hearing transmitted by facsimile to
the division of hearings and appeals shall be considered filed on the date and time imprinted by the
division’s facsimile machine on the transaction report that accompanies the document. Documents
received by facsimile after midnight local time shall be deemed filed on the first following business
day.
Note: A request for hearing should be submitted by mail to the Division of Hearings and Appeals, P.O.
Box 7875, Madison, Wisconsin 53707-7875, or should be delivered to the Division at 5005 University Ave.,
Room 201, Madison, Wisconsin. Hearing requests may be faxed to 608-264-9885. A copy of the request
should be sent to the appropriate Division of Children and Family Services regional office listed in Appendix A.
(b) The division of hearings and appeals shall conduct an administrative hearing under s. 227.42,
Stats., within 30 calendar days after receipt of the request for the administrative hearing, unless any of
the following occurs:
1. The aggrieved person consents to an extension of that time period.
2. The petitioner withdraws the request in writing.
3. The petitioner agrees in writing to accept an informal resolution of the appeal.
4. The petitioner abandons the hearing request. The division of hearings and appeals shall
determine that abandonment has occurred when the petitioner, without good cause, fails to appear
personally or by representative at the time and place set for the hearing or scheduled pre-hearing
matters. Abandonment may also be deemed to have occurred when the petitioner or the authorized
representative fails to respond within a reasonable time to correspondence from the division regarding
the hearing or when the petitioner is not at an agreed-upon telephone number at the agreed time.
(c) The division of hearings and appeals:
1. Shall consider and apply all standards and requirements of this chapter.
2. Issue a decision no later than 30 calendar days after holding the hearing, unless both parties
agree to a later date.
3. May dismiss the petition if it determines that the petitioner has abandoned the request
pursuant to par. (b)4.
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47
251.11(10)(d)
(d) If, under s. HA 3.09, the division of hearing and appeals issues a proposed decision, both
parties may file comments on the decision with the division of hearings and appeals within 15
calendar days from the date of the proposed decision’s issuance. At the close of the comment period,
the division shall forward a decision and comments to the secretary for issuance of a final decision,
and the secretary shall issue the final decision within 30 calendar days thereafter. The decision of the
division of hearings and appeals administrative law judge, if adopted by the secretary, constitutes the
final decision of the department.
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WISCONSIN ADMINISTRATIVE CODE
DCF 251.12 Complaints, inspections and enforcement actions.
(1) COMPLAINTS.
(a) Anyone having a complaint about a licensed or illegally operating group child care center
may submit that complaint to the department by telephone, letter or personal interview. A
representative of the department shall investigate every complaint. If requested by the complainant,
the department shall provide the complainant a written report of the investigation findings.
Note: A complaint should be sent, phoned or delivered to the appropriate Division of Children and Family
Services regional office listed in Appendix A.
(b) The licensee may not discharge an employee because that employee has reported violations
of this chapter to the representative of the department.
(2) INSPECTION. Pursuant to s. 48.73, Stats., the department may visit and inspect any group
child care center at any time during licensed hours of operation. A department licensing
representative shall have unrestricted access to the premises identified in the license, including access
to children served and staff records and any other materials or other individuals having information
on the group child care center’s compliance with this chapter.
(3) ENFORCEMENT ACTION. The department may order any sanction or impose any penalty on a
licensee in accordance with s. 48.685, 48.715 or 48.76, Stats.
WISCONSIN ADMINISTRATIVE CODE
49
APPENDIX A
REGIONAL OFFICES OF THE DIVISION OF EARLY CARE AND EDUCATION
The Department of Children and Families licenses child care centers through five Division of
Early Care and Education regional offices. Below are addresses and phone numbers of the
regional offices and related counties.
REGIONS
COUNTIES
Northeastern Regional Office
200 North Jefferson, Suite 411
Green Bay, WI 54301
Gen: (920) 448-5312
Fax: (920) 448-5306
Brown, Calumet, Door, Fond du Lac, Green Lake,
Kewaunee, Manitowoc, Marinette, Marquette,
Menominee, Oconto, Outagamie, Ozaukee, Shawano,
Sheboygan, Washington, Waupaca, Waushara,
Winnebago
Northern Regional Office
2187 North Stevens Street, Suite
C
Rhinelander, WI 54501
Gen: (715) 365-2500
Fax: (715) 365-2517
Ashland, Bayfield, Florence, Forest, Iron, Langlade,
Lincoln, Marathon, Oneida, Portage, Price, Sawyer,
Taylor, Vilas, Wood
Southeastern Regional Office
141 NW Barstow, Room 104
Waukesha, WI 53188-3789
Gen: (262) 521-5100
Fax: (262) 521-5314
Kenosha, Milwaukee, Racine, Waukesha
Southern Regional Office
1 West Wilson Street, Room 655
P.O. Box 8947
Madison, WI 53708-8947
Gen: (608) 266-2900
Fax: (608) 261-7824
Adams, Columbia, Crawford, Dane, Dodge, Grant,
Green, Iowa, Jefferson, Juneau, Lafayette, Richland,
Rock, Sauk, Walworth
Western Regional Office
610 Gibson Street, Suite 2
Eau Claire, WI 54701-3696
Gen: (715) 836-2185
Fax: (715) 836-2516
Barron, Buffalo, Burnett, Chippewa, Clark, Douglas,
Dunn, Eau Claire, Jackson, LaCrosse, Monroe,
Pepin, Pierce, Polk, Rusk, St. Croix, Trempealeau,
Vernon, Washburn
WISCONSIN ADMINISTRATIVE CODE
50
APPENDIX B
CACFP MEAL PATTERN REQUIREMENTS - AGES 1 to 12
Age 1 & 2
BREAKFAST
1
1. Milk, fluid
/2 cup
a
1
2. Juice or fruit or vegetable or
/4 cup
1
Fruit(s) or vegetable(s)
/4 cup
3. Grains/Breads:b
1
Bread
/2 slice
b
1
Cornbread, biscuits, rolls, muffins, etc.
/2 serving
1
Cereal: Cold dry
/4 cup or 1/3 oz.c
1
Cereal: Hot cooked
/4 cup total
1
Cooked pasta or noodle products
/4 cup
LUNCH OR SUPPER
1
/2 cup
1. Milk
2. Meat or meat alternate:
Meat, poultry, fish, cheese
1 oz.
1 oz.
Alternate protein productsg
4 oz. or 1/2 cup
Yogurt: plain or flavored, unsweetened or sweetened
1
Egg
/2 egg
1
/4 cup
Cooked dry beans or peas
Peanut butter or other nut or seed butter
2 Tbsp.
1
/2 oz. = 50%d
Peanuts or soynuts or tree nuts or seeds
1
e
/4 cup total
3. Vegetable and/or fruit (at least two)
4. Grains/Breads:b
1
/2 slice
Bread
1
b
/2 serving
Cornbread, biscuits, rolls, muffins, etc.
1
/4 cup total
Cereal, Hot cooked
1
/4 cup or 1/3 oz.c
Cereal, Cold dry
1
/4 cup
Cooked pasta or noodle products
SUPPLEMENT Select two of the following four components:
1
1. Milk
/2 cup
a,f
1
2. Juice or fruit or vegetable or
/2 cup
1
/2 cup
Fruit(s) or vegetable(s)
3. Grains/Breadsb
1
/2 slice
Bread
b
1
Cornbread, biscuits, rolls, muffins, etc.
/2 serving
1
/4 cup or 1/3 oz.c
Cereal: Cold dry
1
/4 cup
Cereal: Hot cooked
4. Meat or meat alternate:
1
Meat, poultry, fish, cheese
/2 oz.
g
1
Alternate protein products
/2 oz.
1
Egg, Largeh
/2 egg
1
Cooked dry beans or peas
/8 cup
Peanut butter or other nut or seed butter
1 Tbsp.
1
Peanuts or soynuts or tree nuts or seeds
/2 oz.
Yogurt: plain or flavored, unsweetened or sweetened
2 oz. or 1/4 cup
a
Age 3, 4 & 5
Age 6 up to 12
3
/4 cup
/2 cup
1
/2 cup
1 cup
1
/2 cup
1
/2 cup
1
/2 slice
/2 serving
1
/3 cup or 1/2 oz.c
1
/4 cup
1
/4 cup
1 slice
1 serving
3
/4 cup or 1 oz.c
1
/2 cup
1
/2 cup
3
1 cup
1+1/2 oz.
1+1/2 oz.
6 oz. or 3/4 cup
3
/4 egg
3
/8 cup
3 Tbsp.
3
/4 oz. = 50%d
1
/2 cup total
2 oz.
2 oz.
8 oz. or 1 cup
1 egg
1
/2 cup
4 Tbsp
1 oz. = 50%d
3
/4 cup total
1
1 slice
1 serving
1
/2 cup
3
/4 cup or 1 oz.c
1
/2 cup
1
1
/4 cup
/2 slice
/2 serving
1
/4 cup
1
/3 cup or 1/2 oz.c
1
/4 cup
1
1
/2 cup
/2 cup
1
/2 cup
1 cup
/4 cup
3
/4 cup
1
3
1
/2 slice
/2 serving
1
/3 cup or 1/2 oz.c
1
/4 cup
1 slice
1 serving
3
/4 cup or 1 oz.c
1
/2 cup
1
1 oz.
1 oz.
1
/2 egg
1
/4 cup
2 Tbsp
1 oz.
4 oz. or 1/2 cup
1
/2 oz.
/2 oz.
1
/2 egg
1
/8 cup
1 Tbsp
1
/2 oz.
2 oz. or 1/4 cup
1
Must be full strength fruit or vegetable juice.
Bread, pasta or noodle products, and cereal grains shall be whole grain or enriched, cornbread, biscuits, rolls, muffins, etc., shall be
made with whole grain or enriched meal or flour.
c
Either volume (cup) or weight (oz.), whichever is less.
d
No more than 50% of the requirement shall be met with tree nuts or seeds. Tree nuts and seeds shall be combined with another
meat/meat alternate to fulfill the requirement. For purpose of determining combinations, 1 oz. of nuts or seeds is equal to 1 oz. of
cooked lean meat, poultry or fish.
e
Serve 2 or more kinds of vegetable(s) and/or fruit(s). Full strength vegetable or fruit juice may be counted to meet not more than
one-half of this requirement.
f
Juice may not be served when milk is the only other component.
g
Alternate protein products may be used as acceptable meat alternates.
h One-half egg meets the required minimum amount (one-ounce or less) of meat alternate.
b
WISCONSIN ADMINISTRATIVE CODE
51
APPENDIX C
CACFP MEAL PATTERN REQUIREMENTS - BIRTH THROUGH 11 MONTHS
The infant meal pattern shall contain, as a minimum, each of the following components in the
amounts indicated for the specific age group.
The minimum quantity of food shall be provided to the infant, but may be served during a
span of time consistent with the infant’s eating habits.
Birth Through 3 Months 4 Through 7 Months
BREAKFAST
4- 6 fl. oz. formula1 or
breast milk 5,6
LUNCH OR SUPPER
4- 6 fl. oz. formula1 or
breast milk 5,6
SNACK
4- 6 fl. oz. formula1 or
breast milk 5,6
8 Through 11 Months
4-8 fl. oz. formula1 or breast milk 5,6
0-3 T. infant cereal2 (optional)
6-8 fl. oz. formula1, breast milk 5,6
2-4 T. infant cereal2
1-4 T. fruit and/or vegetable
4-8 fl. oz. formula1 or breast milk
0-3 T. infant cereal2 (optional)
0-3 T. fruit and/or vegetable
(optional)
6-8 fl. oz. formula1, breast milk 5,6
2-4 T. infant cereal2 and/or
1-4 T. meat, fish, poultry, egg yolk, or cooked
dry beans or peas, or
1
/2-2 oz. cheese or 1-4 oz. cottage cheese,
cheese food, or cheese spread
1-4 T. fruit and/or vegetable
4-6 fl. oz. formula1 or breast milk 5,6
2-4 fl. oz. formula1, breast milk, or fruit juice3
0-1/2 bread or
0-2 crackers (optional)4
1
Shall be iron-fortified infant formula.
Shall be iron-fortified dry infant cereal.
3
Shall be full-strength fruit juice.
4
Shall be from whole-grain or enriched meal or flour.
5
It is recommended that breast milk be served in place of formula from birth through 11 months.
6
For some breast-fed infants who regularly consume less than the minimum amount of breast milk per feeding, a serving of less
than the minimum amount of breast milk may be offered, with additional breast milk offered if the infant is still hungry.
2
Required Guidelines for Infant Meal Pattern
Definition of Infant. Any child less than 12 months of age.
Definition of Infant Formula. Infant formula defined by USDA is “any iron-fortified infant formula intended for dietary
use as a sole source for food for normal healthy infants served in liquid state at manufacturer’s recommended dilution”.
Infant Formula/Breast Milk. The decision regarding feeding infants breast milk or the type of infant formula is one for
the infant’s doctor and parents/guardian to make together.
Definition of Optional. Optional foods must be served as each infant becomes developmentally ready for the specified
foods.
52
WISCONSIN ADMINISTRATIVE CODE
APPENDIX D
CONSUMER PRODUCTS SAFETY COMMISSION (www.cpsc.gov)
Your Used Crib Could Be DEADLY
CPSC Document # 5020
An unsafe used crib could be very dangerous for a baby. Each year, about 50 babies suffocate
or strangle when they become trapped between broken crib parts or in cribs with older, unsafe
designs.
A safe crib is the best place to put a baby to sleep. Look for a crib with a certification seal
showing that it meets national safety standards.
If a crib does not meet these guidelines, it may not be used by children enrolled in your child
care center. To protect all children, destroy it and replace it with a safe crib.
A safe crib has:
No missing, loose, broken, or improperly-installed screws, brackets, or other hardware on the crib
or the mattress support.
• No more than 2 3/8 inches between crib slats so a baby’s body cannot fit through the slats.
• A firm, snug-fitting mattress so a baby cannot get trapped between the mattress and the side of
the crib.
• No corner posts over 1/16 of an inch above the end panels (unless they are over 16 inches high
for a canopy) so a baby cannot catch clothing and strangle.
• No cutout areas on the headboard or foot board so a baby’s head cannot get trapped.
• A mattress support that does not easily pull apart from the corner posts so a baby cannot get
trapped between mattress and crib.
• No cracked or peeling paint to prevent lead poisoning.
• No splinters or rough edges.
•
WISCONSIN ADMINISTRATIVE CODE
53
APPENDIX E
REQUIRED ITEMS FOR GROUP CHILD CARE CENTERS
A. Items to be Submitted to Regional Office at Time of Initial Application
1. Completed form, Group Child Care Initial Licensing Checklist, and all items listed on the last
page.
2. Supporting documentation regarding organization structure.
a. If the licensee is organized as a corporation, association or cooperative, the Articles of
Incorporation and a list that provides the name, title, address, telephone number and dates
of office of each member of the board of directors, its committees and its officers.
b. If the licensee is organized as a partnership or limited liability company, the Articles of
Organization and a list of the full name and address of each partner / member.
B. Items to be Submitted to Regional Office at Time of License Continuation
1. Completed form, License Application – Group Child Care Centers.
a. A list that provides the name, title, address, telephone number and dates of office of each
member of the board of directors/governing board.
b. A copy of the results of the annual lead/bacteriological water test—including nitrate level
test if caring for infants under 6 months of age—if the center uses a private well.
c. A list of all program staff (i.e., administrator, center director, child care teachers, assistant
child care teachers) that includes the name, title, birthdate, date of initial employment,
training, experience, and Registry status for each person.
d. A list of support staff (e.g. cooks, maintenance personnel, etc.) that includes each
person’s name and title.
e.
Any center policies and procedures that have been changed since the last licensing period along
with completed form, Policy Checklist – Group Child Care Centers.
f.
A copy of the license to operate a restaurant or catering service, if food is prepared off
premises by another agency.
g. A copy of a vehicle safety inspection report for any center owned or operated vehicle
used to transport children.
h. A current certificate of insurance for general liability insurance which provides coverage
with limits of not less than $25,000 for each person and total limits of $75,000 for each
occurrence.
i. If dogs and cats are allowed in areas of the center accessible to children, a current
certificate of liability insurance specifically covering the presence of dogs and cats.
j. A current certificate of insurance for vehicle liability insurance, when transportation is
provided by the center, with minimums no less that those specified in s. 121.53, Stats.
2. Caregiver Background Check Information:
a. Completed form, Background Information Disclosure, for licensee and each household
member age 10 and older.
b. Caregiver Background Check fee for licensee and any adult household members if
“Caregiver Background Check Fee(s) Due” appears on the continuation packet cover
letter.
3. Licensing fee.
4. Completed form, Licensing Checklist – Group Child Care Centers.
C. Items to be Kept in Children’s Files
1. Form, Child Care Enrollment, or licensee’s own form for each child enrolled in the center.
a. Field Trip Permission. If the box is checked on the form, Child Care Enrollment, nothing
additional is required. Form, Field Trip or Other Activity Notification / Permission –
Child Care Centers, may also be used for this purpose.
2. Completed form, Intake for Child Under 2 Years – Child Care Centers, or the licensee’s own
form for each child under age 2.
3. Completed form, Health History and Emergency Care Plan – Child Care Centers, for each
child enrolled in the center.
WISCONSIN ADMINISTRATIVE CODE
54
4. Form, Day Care Immunization Record, electronic printout from a registry maintained by a
health care provider, or parent-provided record documenting the child’s immunization
history.
5. If the center will be licensed to care for mildly ill children, written parental consent for the
center to care for the child when mildly ill.
6. If a child requires medication, completed form, Authorization to Administer Medication –
Child Care Centers, signed and dated by the parent to administer medication to a child.
7. Written authorization from the parent to apply sunscreen or insect repellant. Authorization
shall include the brand and ingredient strength.
8. Form, Child Health Report – Child Care Centers, documenting the results of a child’s most
recent physical exam (required every 6 months for children under age 2 and every 2 years for
children over age 2, except that school age children do not need a physical exam report) and
signed and dated by an approved health care provider.
9. Written authorization from child’s physician if a child under age 1 is to be put to sleep in a
position other than on his or her back in a crib.
10. Written authorization from the child’s physician if the child must be provided with another
type of milk or milk substitute.
11. Form, Transportation Permission – Child Care Centers, or the licensee’s own form when the
center provides transportation for child between the child care center and the child’s home or
between the center and another location such as a school.
a. Authorization to transport the child to and from the center.
12. Form, Alternate Arrival / Release Agreement – Child Care Centers, or the licensee’s own
form, that has been signed by the parent/guardian if child is released from care to participate
in activities unsupervised by the center personnel or arrives or departs the center by means
other than parent- or guardian-provided transportation.
D. Items to be Kept in Staff Files
1. Completed form, Staff Record – Child Care Centers, or licensee’s own form.
a. Documentation of entry-level training if no registry certificate. Note: Registry Certificate is
required for teachers, directors and administrators within 3 months of assuming position.
b. Documentation of additional early childhood training.
2. Completed form, Staff Continuing Education Record – Child Care Centers, or licensee’s own
form. Note: This information may be kept in a file separate from the staff file; however, this
information must be available for review by the licensing specialist.
a.
b.
Documentation of annual continuing education.
Current certificate of completion for infant and child cardiopulmonary resuscitation.
3. Completed form, Staff Health Report – Child Care Provider, that was completed within 12
months prior to, or 30 days after, the person became licensed to, or began working with,
children.
4. Completed form, Background Information Disclosure, for employees 18 and older; adults
compensated from other sources; substitute caregivers and volunteers age 18 and older used
to meet staff to child ratios (prior to the first day of work and every 4 years thereafter). Note:
This information may be kept in a file separate from the staff file; however, this information
must be available for review by the licensing specialist.
5. The results of the complete caregiver background check including the DOJ results and IBIS
memo (within 60 days from the date of hire and every 4 years thereafter). Note: This
information may be kept in a file separate from the staff file; however, this information must
be available for review by the licensing specialist.
6. Completed form, Staff Orientation Checklist – Group Child Care Centers, or the center’s
own form.
7. Documentation of the days and hours a substitute, employee or volunteer has been employed
to meet the applicable staff-to-child ratio.
WISCONSIN ADMINISTRATIVE CODE
55
E. Items to be Provided to Parents
1. A copy of applicable center policies (See Section A Item #4).
2. A summary of DCF 251 Group Child Care. Note: Copies of the brochure “Your Guide to
Licensed Child Care” may be obtained from the Child Care Information Center by calling 1800-362-7353.
3. When food is provided by the parent, supply the parents with information about the
requirements for food groups and quantities specified by the USDA child and adult care food
program minimum meal requirements.
4. If pets are added after a child is enrolled, parents shall be notified in writing prior to the pets’
addition to the center.
5. A center shall identify a planned source of emergency medical care, such as a hospital
emergency room, clinic or other constantly staffed facility and shall advise parents about the
designated emergency medical facility.
F. Other Required Items
1. Written attendance records that include time of arrival, time of departure and birthdate for
each child for the duration of time the child is enrolled in the program.
2. Medication and Injury Log Book with a stitched binding and lined and numbered pages.
3. Documentation that staff meetings have been held at least 9 times in a calendar year or one
time for each month of center operation.
4. If the center will be licensed to care for mildly ill children, a written plan for the provision of
care to mildly ill children that has been approved and signed by an approved health care
provider.
5. A written plan for responding to a fire, tornado, a tornado warning or other emergency.
6. Completed form, Fire Safety and Emergency Response Documentation – Group Child Care
Centers, or the licensee’s own form.
a.
b.
c.
Documentation of monthly practice of the fire and tornado plan.
Documentation of the weekly smoke detector or fire alarm tests that includes times, dates and the
results.
Documentation of annual fire extinguisher inspection.
7. Menus shall be posted in the kitchen, in a conspicuous place accessible to parents and shall be
kept on file for 3 months.
8. Emergency numbers including local rescue squad, fire department, police department or other
law enforcement agency, poison control center and emergency medical service posted near
each telephone.
9. Procedures for heating infant formula, milk and food in a microwave near the microwave.
G. Items Required to be Posted in an Area of the Center Accessible to Parents
1. Group Child Care License.
a.
b.
c.
d.
Stipulations
Conditions
Exceptions
Exemptions
2. Results of the most recent licensing inspection.
a.
b.
Non Compliance Statement and Correction Plan
Compliance Statement
3. Enforcement Actions.
a. Orders issued by the Department
b. Forfeiture Letters
c. Notice of Revocation
d. Notice to Deny
56
WISCONSIN ADMINISTRATIVE CODE
APPENDIX F
KEY STATUTES RELATED TO LICENSING OF CHILD CARE CENTERS
This appendix is based upon the unofficial text from Updated Database of 2003-2004 Wisconsin Statutes and
Annotations. Only pertinent portions of the statutes are included here and were obtained at
http://folio.legis.state.wi.us. Action by the legislature may result in changes to these statutes. Only printed
volumes are Official Text under s. 35.18(2), Wis. Stats.
48.02 Definitions. In this chapter, unless otherwise defined:
(8) “Guardian” means the person named by the court having
the duty and authority of guardianship.
(13) “Parent” means either a biological parent, a husband
who has consented to the artificial insemination of his wife
under s. 891.40, or a parent by adoption. If the child is a
nonmarital child who is not adopted or whose parents do not
subsequently intermarry under s. 767.803, “parent” includes
a person acknowledged under s. 767.805 or a substantially
similar law of another state or adjudicated to be the
biological father. “Parent” does not include any person
whose parental rights have been terminated.
(15) “Relative” means a parent, stepparent, brother, sister,
stepbrother, stepsister, half brother, half sister, brother-inlaw, sister-in-law, first cousin, 2nd cousin, nephew, niece,
uncle, aunt, stepuncle, stepaunt, or any person of a preceding
generation as denoted by the prefix of grand, great, or greatgreat, whether by blood, marriage, or legal adoption, or the
spouse of any person named in this subsection, even if the
marriage is terminated by death or divorce.
48.48 Authority of department.
(10) To license child welfare agencies and day care centers
as provided in s. 48.66(1)(a).
48.65 Day care centers licensed; fees.
(1) No person may for compensation provide care and
supervision for 4 or more children under the age of 7 for less
than 24 hours a day unless that person obtains a license to
operate a day care center from the department. To obtain a
license under this subsection to operate a day care center, a
person must meet the minimum requirements for a license
established by the department under s. 48.67, meet the
requirements specified in s. 48.685 and pay the license fee
under sub. (3). A license issued under this subsection is valid
until revoked or suspended, but shall be reviewed every 2
years as provided in s. 48.66(5).
(2) This section does not include any of the following:
(a) A parent, grandparent, greatgrandparent, stepparent,
brother, sister, first cousin, nephew, niece, uncle, or aunt of a
child, whether by blood, marriage, or legal adoption, who
provides care and supervision for the child.
(am) A guardian of a child who provides care and
supervision for the child.
(b) A public or parochial school.
(c) A person employed to come to the home of the child’s
parent or guardian for less than 24 hours a day.
(d) A county, city, village, town, school district or library
that provides programs primarily intended for recreational or
social purposes.
(3)(a) Before the department may issue a license under sub.
(1) to a day care center that provides care and supervision for
4 to 8 children, the day care center must pay to the
department a biennial fee of $60.50. Before the department
may issue a license under sub. (1) to a day care center that
provides care and supervision for 9 or more children, the day
care center must pay to the department a biennial fee of
$30.25, plus a biennial fee of $10.33 per child, based on the
number of children that the day care center is licensed to
serve. A day care center that wishes to continue a license
issued under sub. (1) shall pay the applicable fee under this
paragraph by the continuation date of the license. A new day
care center shall pay the applicable fee under this paragraph
no later than 30 days before the opening of the day care
center.
(b) A day care center that wishes to continue a license issued
under par. (a) and that fails to pay the applicable fee under
par. (a) by the continuation date of the license or a new day
care center that fails to pay the applicable fee under par. (a)
by 30 days before the opening of the day care center shall
pay an additional fee of $5 per day for every day after the
deadline that the group home fails to pay the fee.
48.66 Licensing duties of the department.
(1)(a) Except as provided in s. 48.715(6) and (7), the
department shall license and supervise child welfare
agencies, as required by s. 48.60, group homes, as required
by s. 48.625, shelter care facilities, as required by s. 938.22,
and day care centers, as required by s. 48.65. The department
may license foster homes or treatment foster homes, as
provided by s. 48.62, and may license and supervise county
departments in accordance with the procedures specified in
this section and in ss. 48.67 to 48.74. In the discharge of this
duty the department may inspect the records and visit the
premises of all child welfare agencies, group homes, shelter
care facilities, and day care centers and visit the premises of
all foster homes and treatment foster homes in which
children are placed.
(c) A license issued under par. (a) or (b), other than a license
to operate a foster home, treatment foster home, or secured
residential care center for children and youth, is valid until
revoked or suspended. A license issued under this subsection
to operate a foster home, treatment foster home, or secured
residential care center for children and youth may be for any
term not to exceed 2 years from the date of issuance. No
license issued under par. (a) or (b) is transferable.
(2) The department shall prescribe application forms to be
used by all applicants for licenses from it. The application
forms prescribed by the department shall require that the
social security numbers of all applicants for a license to
operate a child welfare agency, group home, shelter care
facility or day care center who are individuals, other than an
individual who does not have a social security number and
who submits a statement made or subscribed under oath or
affirmation as required under sub. (2m)(a)2., be provided and
that the federal employer identification numbers of all
applicants for a license to operate a child welfare agency,
group home, shelter care facility or day care center who are
not individuals be provided.
(2m)(a)1. Except as provided in subd. 2., the department
shall require each applicant for a license under sub. (1)(a) to
operate a child welfare agency, group home, shelter care
facility, or day care center who is an individual to provide
that department with the applicant’s social security number,
and shall require each applicant for a license under sub.
(1)(a) to operate a child welfare agency, group home, shelter
care facility, or day care center who is not an individual to
provide that department with the applicant’s federal
employer identification number, when initially applying for
or applying to continue the license.
2. If an applicant who is an individual does not have a social
security number, the applicant shall submit a statement made
WISCONSIN ADMINISTRATIVE CODE
APPENDIX F continued
or subscribed under oath or affirmation to the department
that the applicant does not have a social security number.
The form of the statement shall be prescribed by the
department. A license issued in reliance upon a false
statement submitted under this subdivision is invalid.
(b) If an applicant who is an individual fails to provide
the applicant’s social security number to the department
or if an applicant who is not an individual fails to
provide the applicant’s federal employer identification
number to the department, that department may not issue
or continue a license under sub. (1)(a) to operate a child
welfare agency, group home, shelter care facility, or day
care center to or for the applicant unless the applicant is
an individual who does not have a social security number
and the applicant submits a statement made or subscribed
under oath or affirmation as required under par. (a)2.
(c) The subunit of the department that obtains a social
security number or a federal employer identification
number under par. (a)1. may not disclose that
information to any person except to the department of
revenue for the sole purpose of requesting certifications
under s. 73.0301 or on the request of the subunit of the
department that administers the child and spousal
support program under s. 49.22(2m).
(3) The department shall prescribe the form and content
of records to be kept and information to be reported by
persons licensed by it.
(5) A child welfare agency, group home, day care center
or shelter care facility license, other than a probationary
license, is valid until revoked or suspended, but shall be
reviewed every 2 years after the date of issuance as
provided in this subsection. At least 30 days prior to the
continuation date of the license, the licensee shall submit
to the department an application for continuance of the
license in the form and containing the information that
the department requires. If the minimum requirements
for a license established under s. 48.67 are met, the
application is approved, the applicable fees referred to in
ss. 48.68(1) and 48.685(8) are paid and any forfeiture
under s. 48.715(3)(a) or penalty under s. 48.76 that is due
is paid, the department shall continue the license for an
additional 2-year period, unless sooner suspended or
revoked. If the application is not timely filed, the
department shall issue a warning to the licensee. If the
licensee fails to apply for continuance of the license
within 30 days after receipt of the warning, the
department may revoke the license as provided in s.
48.715(4) and (4m)(b).
48.67 Rules governing child welfare agencies, day
care centers, foster homes, treatment foster homes,
group homes, shelter care facilities, and county
departments. The department shall promulgate rules
establishing minimum requirements for the issuance of
licenses to, and establishing standards for the operation
of, child welfare agencies, day care centers, foster
homes, treatment foster homes, group homes, shelter
care facilities, and county departments. Those rules shall
be designed to protect and promote the health, safety,
and welfare of the children in the care of all licensees.
The department shall consult with the department of
commerce, the department of public instruction, and the
child abuse and neglect prevention board before
promulgating those rules. Those rules shall include rules
that require all of the following:
(1) That all day care center licensees, and all employees
and volunteers of a day care center, who provide care
and supervision for children under one year of age
receive, before the date on which the license is issued or
57
the employment or volunteer work commences,
whichever is applicable, training in the most current
medically accepted methods of preventing sudden infant
death syndrome.
(2) That all day care center licensees, and all employees
and volunteers of a day care center, who provide care
and supervision for children under 5 years of age receive,
before the date on which the license is issued or the
employment or volunteer work commences, whichever is
applicable, the training relating to shaken baby syndrome
and impacted babies required under s. 253.15(4).
(3)(a) That all day care center licensees, and all
employees of a day care center, who provide care and
supervision for children have current proficiency in the
use of an automated external defibrillator, as defined in
s. 146.50(1)(cr) [s. 256.15(1)(cr)], achieved through
instruction provided by an individual, organization, or
institution of higher education that is approved under s.
46.03(38) to provide such instruction.
48.68 Investigation of applicant; issuing of license.
(1) After receipt of an application for a license, the
department shall investigate to determine if the applicant
meets the minimum requirements for a license adopted
by the department under s. 48.67 and meets the
requirements specified in s. 48.685, if applicable. In
determining whether to issue or continue a license, the
department may consider any action by the applicant, or
by an employee of the applicant, that constitutes a
substantial failure by the applicant or employee to
protect and promote the health, safety and welfare of a
child. Upon satisfactory completion of this investigation
and payment of the fee required under s. 48.615(1)(a) or
(b), 48.625(2)(a), 48.65(3)(a) or 938.22(7)(b), the
department shall issue a license under s. 48.66(1)(a) or, if
applicable, a probationary license under s. 48.69 or, if
applicable, shall continue a license under s. 48.66(5). At
the time of initial licensure and license renewal, the
department shall provide a foster home licensee with
written information relating to the age-related monthly
foster care rates and supplemental payments specified in
s. 48.62(4), including payment amounts, eligibility
requirements for supplemental payments and the
procedures for applying for supplemental payments.
48.685 Criminal history and child abuse record
search. (1) In this section:
(ag)1. “Caregiver” means any of the following:
a. A person who is, or is expected to be, an employee or
contractor of an entity, who is or is expected to be under
the control of the entity, as defined by the department by
rule, and who has, or is expected to have, regular, direct
contact with clients of the entity.
b. A person who has, or is seeking, a license,
certification or contract to operate an entity.
2. “Caregiver” does not include a person who is certified
as an emergency medical technician under s. 256.15 if
the person is employed, or seeking employment, as an
emergency medical technician and does not include a
person who is certified as a first responder under s.
256.15 if the person is employed, or seeking
employment, as a first responder.
(am) “Client” means a child who receives direct care or
treatment services from an entity.
(ar) “Contractor” means, with respect to an entity, a
person, or that person’s agent, who provides services to
the entity under an express or implied contract or
subcontract, including a person who has staff privileges
at the entity.
58
WISCONSIN ADMINISTRATIVE CODE
APPENDIX F continued
(av) “Direct contact” means face-to-face physical
proximity to a client that affords the opportunity to
commit abuse or neglect of a client or to misappropriate
the property of a client.
(b) “Entity” means a child welfare agency that is
licensed under s. 48.60 to provide care and maintenance
for children, to place children for adoption or to license
foster homes or treatment foster homes; a foster home or
treatment foster home that is licensed under s. 48.62; a
group home that is licensed under s. 48.625; a shelter
care facility that is licensed under s. 938.22; a day care
center that is licensed under s. 48.65 or established or
contracted for under s. 120.13(14); a day care provider
that is certified under s. 48.651; or a temporary
employment agency that provides caregivers to another
entity.
(bm) “Nonclient resident” means a person who resides,
or is expected to reside, at an entity, who is not a client
of the entity and who has, or is expected to have, regular,
direct contact with clients of the entity.
(br) “Reservation” means land in this state within the
boundaries of a reservation of a tribe or within the
bureau of Indian affairs service area for the Ho-Chunk
Nation.
(c) “Serious crime” means any of the following:
1. A violation of s. 940.19(3), 1999 stats.
2. A violation of s. 940.01, 940.02, 940.03, 940.05,
940.12, 940.19(2), (4), (5) or (6), 940.22(2) or (3),
940.225(1), (2) or (3), 940.285(2), 940.29, 940.295,
948.02(1) or (2), 948.025, 948.03(2), 948.05, 948.051,
948.055, 948.06, 948.07, 948.08, 948.085, 948.11(2)(a)
or (am), 948.12, 948.13, 948.21(1), 948.30, or 948.53.
3. A violation of s. 940.302(2) if s. 940.302(2)(a)1. b.
applies.
4. A violation of the law of any other state or United
States jurisdiction that would be a violation listed in
subd. 1., 2., or 3. if committed in this state.
(e) “Tribe” means a federally recognized American
Indian tribe or band in this state.
(2)(am) The department, a county department, a child
welfare agency or a school board shall obtain all of the
following with respect to a caregiver specified in sub.
(1)(ag)1.b., a nonclient resident of an entity and a person
under 18 years of age, but not under 12 years of age, who
is a caregiver of a day care center that is licensed under
s. 48.65 or established or contracted for under s.
120.13(14) or of a day care provider that is certified
under s. 48.651:
1. A criminal history search from the records maintained
by the department of justice.
2. Information that is contained in the registry under s.
146.40(4g) regarding any findings against the person.
3. Information maintained by the department of
regulation and licensing regarding the status of the
person’s credentials, if applicable.
4. Information maintained by the department regarding
any substantiated reports of child abuse or neglect
against the person.
5. Information maintained by the department of health
services under this section and under ss. 48.651(2m),
48.75(1m), and 120.13(14) regarding any denial to the
person of a license, continuation or renewal of a license,
certification, or a contract to operate an entity for a
reason specified in sub. (4m)(a)1. to 5. and regarding any
denial to the person of employment at, a contract with, or
permission to reside at an entity for a reason specified in
sub. (4m)(b)1. to 5. If the information obtained under
this subdivision indicates that the person has been denied
a license, continuation or renewal of a license,
certification, a contract, employment, or permission to
reside as described in this subdivision, the department, a
county department, a child welfare agency or a school
board need not obtain the information specified in subds.
1. to 4.
(b)1. Every entity shall obtain all of the following with
respect to a caregiver specified in sub. (1)(ag)1.a. of the
entity:
a. A criminal history search from the records maintained
by the department of justice.
b. Information that is contained in the registry under s.
146.40(4g) regarding any findings against the person.
c. Information maintained by the department of
regulation and licensing regarding the status of the
person’s credentials, if applicable.
d. Information maintained by the department regarding
any substantiated reports of child abuse or neglect
against the person.
e. Information maintained by the department of health
services under this section and under ss. 48.651(2m),
48.75(1m), and 120.13(14) regarding any denial to the
person of a license, continuation or renewal of a license,
certification, or a contract to operate an entity for a
reason specified in sub. (4m)(a)1. to 5. and regarding any
denial to the person of employment at, a contract with, or
permission to reside at an entity for a reason specified in
sub. (4m)(b)1. to 5. If the information obtained under
this subd. 1. e. indicates that the person has been denied
a license, continuation or renewal of a license,
certification, a contract, employment, or permission to
reside as described in this subd. 1. e., the entity need not
obtain the information specified in subd. 1. a. to d.
4. Subdivision 1. does not apply with respect to a person
under 18 years of age, but not under 12 years of age, who
is a caregiver or nonclient resident of a day care center
that is licensed under s. 48.65 or established or
contracted for under s. 120.13(14) or of a day care
provider that is certified under s. 48.651 and with respect
to whom the department, a county department or a
school board is required under par. (am)(intro.) to obtain
the information specified in par. (am)1. to 5.
(bb) If information obtained under par. (am) or (b)1.
indicates a charge of a serious crime, but does not
completely and clearly indicate the final disposition of
the charge, the department, county department, child
welfare agency, school board or entity shall make every
reasonable effort to contact the clerk of courts to
determine the final disposition of the charge. If a
background information form under sub. (6)(a) or (am)
indicates a charge or a conviction of a serious crime, but
information obtained under par. (am) or (b)1. does not
indicate such a charge or conviction, the department,
county department, child welfare agency, school board
or entity shall make every reasonable effort to contact
the clerk of courts to obtain a copy of the criminal
complaint and the final disposition of the complaint. If
information obtained under par. (am) or (b)1., a
background information form under sub. (6)(a) or (am)
or any other information indicates a conviction of a
violation of s. 940.19(1), 940.195, 940.20, 941.30,
942.08, 947.01 or 947.013 obtained not more than 5
years before the date on which that information was
obtained, the department, county department, child
welfare agency, school board or entity shall make every
reasonable effort to contact the clerk of courts to obtain a
copy of the criminal complaint and judgment of
conviction relating to that violation.
WISCONSIN ADMINISTRATIVE CODE
APPENDIX F continued
(bd) Notwithstanding pars. (am) and (b)1., the
department, a county department, a child welfare agency
or a school board is not required to obtain the
information specified in par. (am)1. to 5., and an entity is
not required to obtain the information specified in par.
(b)1. a. to e., with respect to a person under 18 years of
age whose background information form under sub.
(6)(am) indicates that the person is not ineligible to be
employed, contracted with or permitted to reside at an
entity for a reason specified in sub. (4m)(b)1. to 5. and
with respect to whom the department, county
department, child welfare agency, school board or entity
otherwise has no reason to believe that the person is
ineligible to be employed, contracted with or permitted
to reside at an entity for any of those reasons. This
paragraph does not preclude the department, a county
department, a child welfare agency or a school board
from obtaining, at its discretion, the information
specified in par. (am)1. to 5. with respect to a person
described in this paragraph who is a nonclient resident or
a prospective nonclient resident of an entity.
(bg) If an entity employs or contracts with a caregiver for
whom, within the last 4 years, the information required
under par. (b)1.a. to c. and e. has already been obtained
by another entity, the entity may obtain that information
from that other entity, which shall provide the
information, if possible, to the requesting entity. If an
entity cannot obtain the information required under par.
(b)1.a. to c. and e. from another entity or if an entity has
reasonable grounds to believe that any information
obtained from another entity is no longer accurate, the
entity shall obtain that information from the sources
specified in par. (b)1.a. to c. and e.
(bm) If the person who is the subject of the search under
par. (am) or (b)1. is not a resident of this state, or if at
any time within the 3 years preceding the date of the
search that person has not been a resident of this state, or
if the department, county department, child welfare
agency, school board or entity determines that the
person’s employment, licensing or state court records
provide a reasonable basis for further investigation, the
department, county department, child welfare agency,
school board or entity shall make a good faith effort to
obtain from any state or other United States jurisdiction
in which the person is a resident or was a resident within
the 3 years preceding the date of the search information
that is equivalent to the information specified in par.
(am)1. or (b)1.a. The department, county department,
child welfare agency, school board or entity may require
the person to be fingerprinted on 2 fingerprint cards,
each bearing a complete set of the person’s fingerprints.
The department of justice may provide for the
submission of the fingerprint cards to the federal bureau
of investigation for the purposes of verifying the identity
of the person fingerprinted and obtaining records of his
or her criminal arrests and convictions.
(c)1. If the person who is the subject of the search under
par. (am) is seeking an initial license to operate a foster
home or treatment foster home or is seeking relicensure
after a break in licensure, the department, county
department, or child welfare agency shall request under
42 USC 16962(b) a fingerprint-based check of the
national crime information databases, as defined in 28
USC 534(f)(3)(A). The department, county department,
or child welfare agency may release any information
obtained under this subdivision only as permitted under
42 USC 16962(e).
59
2. If the person who is the subject of the search under
par. (am) is seeking a license to operate a foster home or
treatment foster home or is an adult nonclient resident of
the foster home or treatment foster home and if the
person is not, or at any time within the 5 years preceding
the date of the search has not been, a resident of this
state, the department, county department, or child
welfare agency shall check any child abuse or neglect
registry maintained by any state or other U.S. jurisdiction
in which the person is a resident or was a resident within
those 5 years for information that is equivalent to the
information specified in par. (am) 4. The department,
county department, or child welfare agency may not use
any information obtained under this subdivision for any
purpose other than a search of the person’s background
under par. (am).
(d) Every entity shall maintain, or shall contract with
another person to maintain, the most recent background
information obtained on a caregiver under par. (b). The
information shall be made available for inspection by
authorized persons, as defined by the department by rule.
(3)(a) Every 4 years or at any time within that period that
the department, a county department, a child welfare
agency, or a school board considers appropriate, the
department, county department, child welfare agency, or
school board shall request the information specified in
sub. (2)(am)1. to 5. for all caregivers specified in sub.
(1)(ag)1. b. who are licensed, certified, or contracted to
operate an entity, for all persons who are nonclient
residents of such a caregiver, and for all persons under
18 years of age, but not under 12 years of age, who are
caregivers of a day care center that is licensed under s.
48.65 or established or contracted for under s. 120.13(4)
or of a day care provider that is certified under s. 48.651.
(b) Every 4 years or at any time within that period that an
entity considers appropriate, the entity shall request the
information specified in sub. (2)(b)1.a. to e. for all
persons who are caregivers specified in sub. (1)(ag)1.a.
of the entity other than persons under 18 years of age,
but not under 12 years of age, who are caregivers of a
day care center that is licensed under s. 48.65 or
established or contracted for under s. 120.13(14) or of a
day care provider that is certified under s. 48.651.
(3m) Notwithstanding subs. (2)(b)1. and (3)(b), if the
department, a county department, a child welfare agency
or a school board has obtained the information required
under sub. (2)(am) or (3)(a) with respect to a person who
is a caregiver specified in sub. (1)(ag)1.b. and that person
is also an employee, contractor or nonclient resident of
an entity, the entity is not required to obtain the
information specified in sub. (2)(b)1. or (3)(b) with
respect to that person.
(4) An entity that violates sub. (2), (3) or (4m)(b) may be
required to forfeit not more than $1,000 and may be
subject to other sanctions specified by the department by
rule.
(4m)(a) Notwithstanding s. 111.335, and except as
provided in par. (ad) and sub. (5), the department may
not license, or continue or renew the license of, a person
to operate an entity, a county department may not certify
a day care provider under s. 48.651, a county department
or a child welfare agency may not license, or renew the
license of, a foster home or treatment foster home under
s. 48.62 and a school board may not contract with a
person under s. 120.13 (14), if the department, county
department, child welfare agency or school board knows
or should have known any of the following:
60
WISCONSIN ADMINISTRATIVE CODE
APPENDIX F continued
1. That the person has been convicted of a serious crime
or, if the person is an applicant for issuance or
continuation of a license to operate a day care center or
for initial certification under s. 48.651 or for renewal of
that certification or if the person is proposing to contract
with a school board under s. 120.13(14) or to renew a
contract under that subsection, that the person has been
convicted of a serious crime or adjudicated delinquent on
or after his or her 12th birthday for committing a serious
crime.
3. That a unit of government or a state agency, as defined
in s. 16.61(2)(d), has made a finding that the person has
abused or neglected any client or misappropriated the
property of any client. 4. That a determination has been
made under s. 48.981 (3)(c)4. that the person has abused
or neglected a child.
5. That, in the case of a position for which the person
must be credentialed by the department of regulation and
licensing, the person’s credential is not current or is
limited so as to restrict the person from providing
adequate care to a client.
(ad) The department, a county department or a child
welfare agency may license a foster home or treatment
foster home under s. 48.62, a county department may
certify a day care provider under s. 48.651 and a school
board may contract with a person under s. 120.13 (14),
conditioned on the receipt of the information specified in
sub. (2)(am) indicating that the person is not ineligible to
be licensed, certified or contracted with for a reason
specified in par. (a)1. to 5.
(b) Notwithstanding s. 111.335, and except as provided
in sub. (5), an entity may not employ or contract with a
caregiver specified in sub. (1)(ag)1. a. or permit a
nonclient resident to reside at the entity if the entity
knows or should have known any of the following:
1. That the person has been convicted of a serious crime
or, if the person is a caregiver or nonclient resident of a
day care center that is licensed under s. 48.65 or
established or contracted for under s. 120.13 (14) or of a
day care provider that is certified under s. 48.651, that
the person has been convicted of a serious crime or
adjudicated delinquent on or after his or her 12th
birthday for committing a serious crime.
3. That a unit of government or a state agency, as defined
in s. 16.61 (2)(d), has made a finding that the person has
abused or neglected any client or misappropriated the
property of any client.
4. That a determination has been made under s. 48.981
(3)(c)4. that the person has abused or neglected a child.
5. That, in the case of a position for which the person
must be credentialed by the department of regulation and
licensing, the person’s credential is not current or is
limited so as to restrict the person from providing
adequate care to a client.
(c) If the background information form completed by a
person under sub. (6)(am) indicates that the person is not
ineligible to be employed or contracted with for a reason
specified in par. (b)1. to 5., an entity may employ or
contract with the person for not more than 60 days
pending the receipt of the information sought under sub.
(2)(am)1. to 5. or (b)1. If the background information
form completed by a person under sub. (6)(am) indicates
that the person is not ineligible to be permitted to reside
at an entity for a reason specified in par. (b)1. to 5. and if
an entity otherwise has no reason to believe that the
person is ineligible to be permitted to reside at an entity
for any of those reasons, the entity may permit the
person to reside at the entity for not more than 60 days
pending receipt of the information sought under sub.
(2)(am). An entity shall provide supervision for a person
who is employed, contracted with or permitted to reside
as permitted under this paragraph.
(5)(a) Subject to par. (bm), the department may license
to operate an entity, a county department may certify
under s. 48.651, a county department or a child welfare
agency may license under s. 48.62 and a school board
may contract with under s. 120.13(14) a person who
otherwise may not be licensed, certified or contracted
with for a reason specified in sub. (4m)(a)1. to 5., and an
entity may employ, contract with, or permit to reside at
the entity a person who otherwise may not be employed,
contracted with, or permitted to reside at the entity for a
reason specified in sub. (4m)(b)1. to 5., if the person
demonstrates to the department, the county department,
the child welfare agency, or the school board or, in the
case of an entity that is located within the boundaries of
a reservation, to the person or body designated by the
tribe under sub. (5d)(a)3., by clear and convincing
evidence and in accordance with procedures established
by the department by rule or by the tribe that he or she
has been rehabilitated.
(bm) For purposes of licensing a foster home or
treatment foster home for the placement of a child on
whose behalf foster care maintenance payments under s.
48.62(4) will be provided, no person who has been
convicted of any of the following offenses may be
permitted to demonstrate that he or she has been
rehabilitated:
1. An offense under ch. 948 that is a felony.
2. A violation of s. 940.19(3), 1999 stats., or of s.
940.19(2), (4), (5) or (6) or 940.20(1) or (1m), if the
victim is the spouse of the person.
3. A violation of s. 943.23(1m) or (1r), 1999 stats., or of
s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.21,
940.225(1), (2) or (3), 940.23, 940.305, 940.31,
941.20(2) or (3), 941.21, 943.10(2), 943.23(1g) or
943.32(2).
4. A violation of s. 940.19(3), 1999 stats., or of s.
125.075(1), 125.085(3)(a)2., 125.105(2)(b), 125.66(3),
125.68(12), 940.09, 940.19(2), (4), (5), or (6), 940.20,
940.203, 940.205, 940.207, or 940.25, a violation of s.
346.63(1), (2), (5), or (6) that is a felony under s.
346.65(2)(am)5., 6., or 7., or (f), (2j)(d), or (3m), or an
offense under ch. 961 that is a felony, if committed not
more than 5 years before the date of the investigation
under sub. (2)(am).
(5c)(a) Any person who is permitted but fails under sub.
(5)(a) to demonstrate to the department or a child welfare
agency that he or she has been rehabilitated may appeal
to the secretary or his or her designee. Any person who is
adversely affected by a decision of the secretary or his or
her designee under this paragraph has a right to a
contested case hearing under ch. 227.
(b) Any person who is permitted but fails under sub.
(5)(a) to demonstrate to the county department that he or
she has been rehabilitated may appeal to the director of
the county department or his or her designee. Any person
who is adversely affected by a decision of the director or
his or her designee under this paragraph has a right to
appeal the decision under ch. 68.
(c) Any person who is permitted but fails under sub.
(5)(a) to demonstrate to the school board that he or she
has been rehabilitated may appeal to the state
superintendent of public instruction or his or her
designee. Any person who is adversely affected by a
decision of the state superintendent or his or her designee
WISCONSIN ADMINISTRATIVE CODE
APPENDIX F continued
under this paragraph has a right to a contested case
hearing under ch. 227.
(5d)(a) Any tribe that chooses to conduct rehabilitation
reviews under sub. (5) shall submit to the department a
rehabilitation review plan that includes all of the
following:
1. The criteria to be used to determine if a person has
been rehabilitated.
2. The title of the person or body designated by the tribe
to whom a request for review must be made.
3. The title of the person or body designated by the tribe
to determine whether a person has been rehabilitated.
3m. The title of the person or body, designated by the
tribe, to whom a person may appeal an adverse decision
made by the person specified under subd. 3. and whether
the tribe provides any further rights to appeal.
4. The manner in which the tribe will submit information
relating to a rehabilitation review to the department so
that the department may include that information in its
report to the legislature required under sub. (5g).
5. A copy of the form to be used to request a review and
a copy of the form on which a written decision is to be
made regarding whether a person has demonstrated
rehabilitation.
(b) If, within 90 days after receiving the plan, the
department does not disapprove the plan, the plan shall
be considered approved. If, within 90 days after
receiving the plan, the department disapproves the plan,
the department shall provide notice of that disapproval to
the tribe in writing, together with the reasons for the
disapproval. The department may not disapprove a plan
unless the department finds that the plan is not rationally
related to the protection of clients. If the department
disapproves the plan, the tribe may, within 30 days after
receiving notice of the disapproval, request that the
secretary review the department’s decision. A final
decision under this paragraph is not subject to further
review under ch. 227.
(5g) Beginning on January 1 1999, and annually
thereafter, the department shall submit a report to the
legislature under s. 13.172(2) that specifies the number
of persons in the previous year who have requested to
demonstrate that they have been rehabilitated under sub.
(5)(a), the number of persons who successfully
demonstrated that they have been rehabilitated under
sub. (5)(a) and the reasons for the success or failure of a
person who has attempted to demonstrate that he or she
has been rehabilitated.
(5m) Notwithstanding s. 111.335, the department may
refuse to license a person to operate an entity, a county
department or a child welfare agency may refuse to
license a foster home or treatment foster home under s.
48.62, and an entity may refuse to employ or contract
with a caregiver or permit a nonclient resident to reside
at the entity if the person has been convicted of an
offense that is not a serious crime, but that is, in the
estimation of the department, county department, child
welfare agency or entity, substantially related to the care
of a client. Notwithstanding s. 111.335, the department
may refuse to license a person to operate a day care
center, a county department may refuse to certify a day
care provider under s. 48.651, a school board may refuse
to contract with a person under s. 120.13(14), a day care
center that is licensed under s. 48.65 or established or
contracted for under s. 120.13(14) and a day care
provider that is certified under s. 48.651 may refuse to
employ or contract with a caregiver or permit a nonclient
resident to reside at the day care center or day care
61
provider if the person has been convicted of or
adjudicated delinquent on or after his or her 12th
birthday for an offense that is not a serious crime, but
that is, in the estimation of the department, county
department, school board, day care center or day care
provider, substantially related to the care of a client.
(6)(a) The department shall require any person who
applies for issuance, continuation or renewal of a license
to operate an entity, a county department shall require
any day care provider who applies for initial certification
under s. 48.651 or for renewal of that certification, a
county department or a child welfare agency shall
require any person who applies for issuance or renewal
of a license to operate a foster home or treatment foster
home under s. 48.62 and a school board shall require any
person who proposes to contract with the school board
under s. 120.13(14) or to renew a contract under that
subsection, to complete a background information form
that is provided by the department.
(am) Every 4 years an entity shall require all of its
caregivers and nonclient residents to complete a
background information form that is provided to the
entity by the department.
(b)1. For caregivers who are licensed by the department,
for persons under 18 years of age, but not under 12 years
of age, who are caregivers of a day care center that is
licensed under s. 48.65 or established or contracted for
under s. 120.13(14) or of a day care provider that is
certified under s. 48.651, for persons who are nonclient
residents of an entity that is licensed by the department,
and for other persons specified by the department by
rule, the entity shall send the background information
form to the department.
2. For caregivers who are licensed or certified by a
county department, for persons who are nonclient
residents of an entity that is licensed or certified by a
county department and for other persons specified by the
department by rule, the entity shall send the background
information form to the county department.
3. For caregivers who are licensed by a child welfare
agency, for persons who are nonclient residents of an
entity that is licensed by a child welfare agency and for
other persons specified by the department by rule, the
entity shall send the background information form to the
child welfare agency.
4. For caregivers who are contracted with by a school
board, for persons who are nonclient residents of an
entity that is contracted with by a school board and for
other persons specified by the department by rule, the
entity shall send the background information form to the
school board.
(c) A person who provides false information on a
background information form required under this
subsection may be required to forfeit not more than
$1,000 and may be subject to other sanctions specified
by the department by rule.
(7) The department shall do all of the following:
(c) Conduct throughout the state periodic training
sessions that cover criminal background investigations;
reporting and investigating misappropriation of property
or abuse or neglect of a client; and any other material
that will better enable entities to comply with the
requirements of this section.
(d) Provide a background information form that requires
the person completing the form to include his or her date
of birth on the form.
(8) The department, the department of health services, a
county department, a child welfare agency, or a school
62
WISCONSIN ADMINISTRATIVE CODE
APPENDIX F continued
board may charge a fee for obtaining the information
required under sub. (2)(am) or (3)(a) or for providing
information to an entity to enable the entity to comply
with sub. (2)(b)1. or (3)(b). The fee may not exceed the
reasonable cost of obtaining the information. No fee may
be charged to a nurse aide, as defined in s. 146.40(1)(d),
for obtaining or maintaining information if to do so
would be inconsistent with federal law.
48.69 Probationary licenses. Except as provided under
s. 48.715(6) and (7), if any child welfare agency, shelter
care facility, group home or day care center that has not
been previously issued a license under s. 48.66(1)(a)
applies for a license, meets the minimum requirements
for a license established under s. 48.67 and pays the
applicable fee referred to in s. 48.68(1), the department
shall issue a probationary license to that child welfare
agency, shelter care facility, group home or day care
center. A probationary license is valid for up to 6 months
after the date of issuance unless renewed under this
section or suspended or revoked under s. 48.715. Before
a probationary license expires, the department shall
inspect the child welfare agency, shelter care facility,
group home or day care center holding the probationary
license and, except as provided under s. 48.715(6) and
(7), if the child welfare agency, shelter care facility,
group home or day care center meets the minimum
requirements for a license established under s. 48.67, the
department shall issue a license under s. 48.66(1)(a). A
probationary license issued under this section may be
renewed for one 6-month period.
48.70 Provisions of licenses.
(1) GENERAL. Each license shall state the name of the
person licensed, the premises included under the license,
the maximum number of children who can be received
and their age and sex and such additional information
and special conditions as the department may prescribe.
48.715 Sanctions and penalties.
(1) In this section, “licensee” means a person who holds
a license under s. 48.66(1)(a) or a probationary license
under s. 48.69 to operate a child welfare agency, shelter
care facility, group home or day care center.
(2) If the department provides written notice of the
grounds for a sanction, an explanation of the types of
sanctions that may be imposed under this subsection and
an explanation of the process for appealing a sanction
imposed under this subsection, the department may order
any of the following sanctions:
(a) That a person stop operating a child welfare agency,
shelter care facility, group home or day care center if the
child welfare agency, shelter care facility, group home or
day care center is without a license in violation of s.
48.66(1)(a) or a probationary license in violation of s.
48.69.
(b) That a person who employs a person who has had a
license under s. 48.66(1)(a) or a probationary license
under s. 48.69 revoked within the previous 5 years
terminate the employment of that person within 30 days
after the date of the order. This paragraph includes
employment of a person in any capacity, whether as an
officer, director, agent or employee.
(c) That a licensee stop violating any provision of
licensure under s. 48.70(1) or rules promulgated by the
department under s. 48.67.
(d) That a licensee submit a plan of correction for
violation of any provision of licensure under s. 48.70(1)
or rule promulgated by the department under s. 48.67.
(e) That a licensee implement and comply with a plan of
correction provided by the department or previously
submitted by the licensee and approved by the
department.
(f) That a licensee close the intake of any new children
until all violations of the provisions of licensure under s.
48.70(1) and the rules promulgated by the department
under s. 48.67 are corrected.
(g) That a licensee provide training for the licensee’s
staff members as specified by the department.
(3) If the department provides written notice of the
grounds for a penalty, an explanation of the types of
penalties that may be imposed under this subsection and
an explanation of the process for appealing a penalty
imposed under this subsection, the department may
impose any of the following penalties against a licensee
or any other person who violates a provision of licensure
under s. 48.70(1) or rule promulgated by the department
under s. 48.67 or who fails to comply with an order
issued under sub. (2) by the time specified in the order:
(a) A daily forfeiture amount per violation of not less
than $10 nor more than $1,000. All of the following
apply to a forfeiture under this paragraph:
1. Within the limits specified in this paragraph, the
department may, by rule, set daily forfeiture amounts and
payment deadlines based on the size and type of facility
or agency and the seriousness of the violation. The
department may set daily forfeiture amounts that
increase periodically within the statutory limits if there is
continued failure to comply with an order issued under
sub. (2).
2. The department may directly assess a forfeiture
imposed under this paragraph by specifying the amount
of that forfeiture in the notice provided under this
subsection.
3. A person against whom the department has assessed a
forfeiture shall pay that forfeiture to the department
within 10 days after receipt of notice of the assessment
or, if that person contests that assessment under s. 48.72,
within 10 days after receipt of the final decision after
exhaustion of administrative review or, if that person
petitions for judicial review under ch. 227, within 10
days after receipt of the final decision after exhaustion of
judicial review. The department shall remit all forfeitures
paid under this subdivision to the secretary of
administration for deposit in the school fund.
4. The attorney general may bring an action in the name
of the state to collect any forfeiture imposed under this
paragraph that has not been paid as provided in subd. 3.
The only contestable issue in an action under this
subdivision is whether or not the forfeiture has been
paid.
(b) Suspension of the licensee’s license for not more than
2 weeks.
(c) Refusal to continue a license or a probationary
license.
(d) Revocation of a license or a probationary license as
provided in sub. (4).
(4) If the department provides written notice of
revocation and the grounds for revocation as provided in
sub. (4m) and an explanation of the process for appealing
a revocation under this subsection, the department may
revoke a license issued under s. 48.66(1)(a) or a
probationary license issued under s. 48.69 for any of the
following reasons:
(a) The department has imposed a penalty on the licensee
under sub. (3) and the licensee or a person under the
supervision of the licensee either continues to violate or
WISCONSIN ADMINISTRATIVE CODE
APPENDIX F continued
resumes violation of a rule promulgated under s. 48.67, a
provision of licensure under s. 48.70(1) or an order under
this section forming any part of the basis for the penalty.
(b) The licensee or a person under the supervision of the
licensee has committed a substantial violation, as
determined by the department, of a rule promulgated
under s. 48.67, a provision of licensure under s. 48.70(1)
or an order under this section.
(c) The licensee or a person under the supervision of the
licensee has committed an action or has created a
condition relating to the operation or maintenance of the
child welfare agency, shelter care facility, group home or
day care center that directly threatens the health, safety
or welfare of any child under the care of the licensee.
(d) The licensee or a person under the supervision of the
licensee has violated, as determined by the department, a
rule promulgated under s. 48.67, a provision of licensure
under s. 48.70(1) or an order under this section that is the
same as or similar to a rule promulgated under s. 48.67, a
provision of licensure under s. 48.70(1) or an order under
this section that the licensee or a person under the
supervision of the licensee has violated previously.
(e) The licensee has failed to apply for a continuance of
the license within 30 days after receipt of the warning
under s. 48.66(5).
(4m)(a) For a revocation under sub. (4)(a) or (d), the
department shall provide to the licensee written notice of
the revocation and the grounds for revocation not less
than 30 days before the date of the revocation. The
revocation will take effect only if the violation on which
the revocation is based remains substantially uncorrected
at the end of the 30-day notice period.
(b) For revocations under sub. (4)(b), (c) or (e), the
department may revoke the license or probationary
license immediately upon written notice to the licensee
of the revocation and the grounds for revocation.
(5) The department may deny a license under s.
48.66(1)(a) or a probationary license under s. 48.69 to
any person who has had a license under s. 48.66(1)(a) or
a probationary license under s. 48.69 revoked within the
previous 5 years.
(6) The department shall deny, suspend, restrict, refuse
to renew, or otherwise withhold a license under s.
48.66(1)(a) or a probationary license under s. 48.69 to
operate a child welfare agency, group home, shelter care
facility, or day care center, and the department of
corrections shall deny, suspend, restrict, refuse to renew,
or otherwise withhold a license under s. 48.66(1)(b) to
operate a secured residential care center for children and
youth, for failure of the applicant or licensee to pay
court-ordered payments of child or family support,
maintenance, birth expenses, medical expenses, or other
expenses related to the support of a child or former
spouse or for failure of the applicant or licensee to
comply, after appropriate notice, with a subpoena or
warrant issued by the department or a county child
support agency under s. 59.53(5) and related to paternity
or child support proceedings, as provided in a
memorandum of understanding entered into under s.
49.857. Notwithstanding s. 48.72, an action taken under
this subsection is subject to review only as provided in
the memorandum of understanding entered into under s.
49.857 and not as provided in s. 48.72.
(7) The department shall deny an application for the
issuance or continuation of a license under s. 48.66(1)(a)
or a probationary license under s. 48.69 to operate a child
welfare agency, group home, shelter care facility or day
care center, or revoke such a license already issued, if the
63
department of revenue certifies under s. 73.0301 that the
applicant or licensee is liable for delinquent taxes. An
action taken under this subsection is subject to review
only as provided under s. 73.0301(5) and not as provided
in s. 48.72.
48.72 Appeal procedure.
Except as provided in s. 48.715(6) and (7), any person
aggrieved by the department’s refusal or failure to issue,
renew, or continue a license or by any action taken by
the department under s. 48.715 has the right to an
administrative hearing provided for contested cases in
ch. 227. To receive an administrative hearing under ch.
227, the aggrieved person shall send to the department a
written request for a hearing under s. 227.44 within 10
days after the date of the department’s refusal or failure
to issue, renew, or continue a license or the department’s
action taken under s. 48.715. The department shall hold
an administrative hearing under s. 227.44 within 30 days
after receipt of the request for the administrative hearing
unless the aggrieved person consents to an extension of
that time period. Judicial review of the department’s
decision may be had by any party in the contested case
as provided in ch. 227.
48.73 Inspection of licensees.
The department may visit and inspect each child welfare
agency, foster home, treatment foster home, group home
and day care center licensed by it, and for such purpose
shall be given unrestricted access to the premises
described in the license.
48.735 Immunization requirements; day care centers.
The department, after notice to a day care center
licensee, may suspend, revoke or refuse to continue a
day care center license in any case in which the
department finds that there has been a substantial failure
to comply with the requirements of s. 252.04.
48.737 Lead screening, inspection and reduction
requirements; day care centers.
The department, after notice to a day care provider
certified under s. 48.651, or a day care center that holds a
license under s. 48.65 or a probationary license under s.
48.69, may suspend, revoke or refuse to renew or
continue a license or certification in any case in which
the department finds that there has been a substantial
failure to comply with any rule promulgated under s.
254.162, 254.168 or 254.172.
48.74 Authority of department to investigate alleged
violations.
Whenever the department is advised or has reason to
believe that any person is violating any of the provisions
of ss. 48.60, 48.62, 48.625 or 48.65, it shall make an
investigation to determine the facts. For the purposes of
this investigation, it shall have authority to inspect the
premises where the violation is alleged to occur. If it
finds that the person is violating any of the specified
sections, it may either issue a license if the person is
qualified or may institute a prosecution under s. 48.76.
48.76 Penalties.
In addition to the sanctions and penalties provided in s.
48.715, any person who violates s. 48.60, 48.62, 48.625,
48.63 or 48.65 may be fined not more than $500 or
imprisoned for not more than one year in county jail or
both.
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WISCONSIN ADMINISTRATIVE CODE
APPENDIX F continued
48.77 Injunction against violations.
In addition to the penalties provided in s. 48.76, the
circuit courts shall have jurisdiction to prevent and
restrain by injunction violations of s. 48.60, 48.62,
48.625, 48.63 or 48.65. It shall be the duty of the district
attorneys, upon request of the department, to institute
action for such injunction under ch. 813.
48.78 Confidentiality of records.
(1) In this section, unless otherwise qualified, “agency”
means the department, a county department, a licensed
child welfare agency, or a licensed day care center.
(2)(a) No agency may make available for inspection or
disclose the contents of any record kept or information
received about an individual in its care or legal custody,
except as provided under s. 48.371, 48.38(5)(b) or (d) or
(5m)(d), 48.432, 48.433, 48.48(17)(bm), 48.57(2m),
48.93, 48.981(7), 938.51, or 938.78 or by order of the
court.
(ag) Paragraph (a) does not prohibit an agency from
making available for inspection or disclosing the
contents of a record, upon the request of the parent,
guardian, or legal custodian of the child who is the
subject of the record or upon the request of the child, if
14 years of age or over, to the parent, guardian, legal
custodian, or child, unless the agency determines that
inspection of the record by the child, parent, guardian, or
legal custodian would result in imminent danger to
anyone.
(aj) Paragraph (a) does not prohibit an agency from
making available for inspection or disclosing the
contents of a record, upon the request of a parent,
guardian, or legal custodian of a child expectant mother
of an unborn child who is the subject of the record, upon
the request of an expectant mother of an unborn child
who is the subject of the record, if 14 years of age or
over, or upon the request of an unborn child by the
unborn child’s guardian ad litem to the parent, guardian,
legal custodian, expectant mother, or unborn child by the
unborn child’s guardian ad litem, unless the agency
determines that inspection of the record by the parent,
guardian, legal custodian, expectant mother, or unborn
child by the unborn child’s guardian ad litem would
result in imminent danger to anyone.
(am) Paragraph (a) does not prohibit an agency from
making available for inspection or disclosing the
contents of a record, upon the written permission of the
parent, guardian, or legal custodian of the child who is
the subject of the record or upon the written permission
of the child, if 14 years of age or over, to the person
named in the permission if the parent, guardian, legal
custodian, or child specifically identifies the record in
the written permission, unless the agency determines that
inspection of the record by the person named in the
permission would result in imminent danger to anyone.
(ap) Paragraph (a) does not prohibit an agency from
making available for inspection or disclosing the
contents of a record, upon the written permission of the
parent, guardian, or legal custodian of a child expectant
mother of an unborn child who is the subject of the
record, or of an expectant mother of an unborn child who
is the subject of the record, if 14 years of age or over,
and of the unborn child by the unborn child’s guardian
ad litem, to the person named in the permission if the
parent, guardian, legal custodian, or expectant mother,
and unborn child by the unborn child’s guardian ad
litem, specifically identify the record in the written
permission, unless the agency determines that inspection
of the record by the person named in the permission
would result in imminent danger to anyone.
(b) Paragraph (a) does not apply to the confidential
exchange of information between an agency and another
social welfare agency, a law enforcement agency, a
public school, or a private school regarding an individual
in the care or legal custody of the agency. A social
welfare agency that obtains information under this
paragraph shall keep the information confidential as
required under this section and s. 938.78. A law
enforcement agency that obtains information under this
paragraph shall keep the information confidential as
required under ss. 48.396(1) and 938.396(1)
(a). A public school that obtains information under this
paragraph shall keep the information confidential as
required under s. 118.125, and a private school that
obtains information under this paragraph shall keep the
information confidential in the same manner as is
required of a public school under s. 118.125.
(c) Paragraph (a) does not prohibit the department or a
county department from using in the media a picture or
description of a child in the guardianship of the
department or a county department for the purpose of
finding adoptive parents for that child.
(d) Paragraph (a) does not prohibit the department of
health services or a county department from disclosing
information about an individual formerly in the legal
custody or under the supervision of that department
under s. 48.34(4m), 1993 stats., or formerly under the
supervision of that department or county department
under s. 48.34(4n), 1993 stats., to the department of
corrections, if the individual is at the time of disclosure
any of the following:
1. The subject of a presentence investigation under s.
972.15.
2. Under sentence to the Wisconsin state prisons under s.
973.15.
3. Subject to an order under s. 48.366 and placed in a
state prison under s. 48.366(8).
4. On probation to the department of corrections under s.
973.09.
5. On parole under s. 302.11 or ch. 304 or on extended
supervision under s. 302.113 or 302.114.
(e) Notwithstanding par. (a), an agency shall, upon
request, disclose information to authorized
representatives of the department of corrections, the
department of health services, the department of justice,
or a district attorney for use in the prosecution of any
proceeding or any evaluation conducted under ch. 980, if
the information involves or relates to an individual who
is the subject of the proceeding or evaluation. The court
in which the proceeding under ch. 980 is pending may
issue any protective orders that it determines are
appropriate concerning information made available or
disclosed under this paragraph. Any representative of the
department of corrections, the department of health
services, the department of justice, or a district attorney
may disclose information obtained under this paragraph
for any purpose consistent with any proceeding under ch.
980.
(g) Paragraph (a) does not prohibit an agency from
disclosing information about an individual in its care or
legal custody on the written request of the department of
regulation and licensing or of any interested examining
board or affiliated credentialing board in that department
for use in any investigation or proceeding relating to any
alleged misconduct by any person who is credentialed or
who is seeking credentialing under ch. 448, 455 or 457.
WISCONSIN ADMINISTRATIVE CODE
APPENDIX F continued
Unless authorized by an order of the court, the
department of regulation and licensing and any
examining board or affiliated credentialing board in that
department shall keep confidential any information
obtained under this paragraph and may not disclose the
name of or any other identifying information about the
individual who is the subject of the information
disclosed, except to the extent that redisclosure of that
information is necessary for the conduct of the
investigation or proceeding for which that information
was obtained.
(h) Paragraph (a) does not prohibit the department, a
county department, or a licensed child welfare agency
from entering the content of any record kept or
information received by the department, county
department, or licensed child welfare agency into the
statewide automated child welfare information system
established under s. 48.47(7g).
48.981 Abused or neglected children and abused
unborn children.
(2) PERSONS REQUIRED TO REPORT. (a) Any of the
following persons who has reasonable cause to suspect
that a child seen by the person in the course of
professional duties has been abused or neglected or who
has reason to believe that a child seen by the person in
the course of professional duties has been threatened
with abuse or neglect and that abuse or neglect of the
child will occur shall, except as provided under sub.
(2m), report as provided in sub. (3):
1. A physician.
2. A coroner.
3. A medical examiner.
4. A nurse.
5. A dentist.
6. A chiropractor.
7. An optometrist.
8. An acupuncturist.
9. A medical or mental health professional not otherwise
specified in this paragraph.
10. A social worker.
11. A marriage and family therapist.
12. A professional counselor.
13. A public assistance worker, including a financial and
employment planner, as defined in s. 49.141(1)(d).
14. A school teacher.
15. A school administrator
16. A school counselor.
17. A mediator under s. 767.405.
18. A child-care worker in a day care center, group
home, as described in s. 48.625(1m), or residential care
center for children and youth.
19. A day care provider.
20. An alcohol or other drug abuse counselor.
21. A member of the treatment staff employed by or
working under contract with a county department under
s. 46.23, 51.42, or 51.437 or a residential care center for
children and youth.
22. A physical therapist.
22m. A physical therapist assistant.
23. An occupational therapist.
24. A dietitian.
25. A speech-language pathologist.
26. An audiologist.
27. An emergency medical technician.
28. A first responder.
29. A police or law enforcement officer.
(b) A court-appointed special advocate who has
reasonable cause to suspect that a child seen in the
65
course of activities under s. 48.236(3) has been abused or
neglected or who has reason to believe that a child seen
in the course of those activities has been threatened with
abuse and neglect and that abuse or neglect of the child
will occur shall, except as provided in sub. (2m), report
as provided in sub. (3).
(bm)1. Except as provided in subd. 3. and sub. (2m), a
member of the clergy shall report as provided in sub. (3)
if the member of the clergy has reasonable cause to
suspect that a child seen by the member of the clergy in
the course of his or her professional duties:
a. Has been abused, as defined in s. 48.02(1)(b) to (f); or
b. Has been threatened with abuse, as defined in s.
48.02(1)(b) to (f), and abuse of the child will likely
occur.
2. Except as provided in subd. 3. and sub. (2m), a
member of the clergy shall report as provided in sub. (3)
if the member of the clergy has reasonable cause, based
on observations made or information that he or she
receives, to suspect that a member of the clergy has done
any of the following:
a. Abused a child, as defined in s. 48.02(1)(b) to (f).
b. Threatened a child with abuse, as defined in s.
48.02(1)(b) to (f), and abuse of the child will likely
occur.
3. A member of the clergy is not required to report child
abuse information under subd. 1. or 2. that he or she
receives solely through confidential communications
made to him or her privately or in a confessional setting
if he or she is authorized to hear or is accustomed to
hearing such communications and, under the disciplines,
tenets, or traditions of his or her religion, has a duty or is
expected to keep those communications secret. Those
disciplines, tenets, or traditions need not be in writing.
(c) Any person not otherwise specified in par. (a), (b), or
(bm), including an attorney, who has reason to suspect
that a child has been abused or neglected or who has
reason to believe that a child has been threatened with
abuse or neglect and that abuse or neglect of the child
will occur may report as provided in sub. (3).
(d) Any person, including an attorney, who has reason to
suspect that an unborn child has been abused or who has
reason to believe that an unborn child is at substantial
risk of abuse may report as provided in sub. (3).
(e) No person making a report under this subsection may
be discharged from employment for so doing.
73.0301 License denial, nonrenewal, discontinuation,
suspension and revocation based on tax delinquency.
(2) DUTIES AND POWERS OF LICENSING
DEPARTMENTS. (a) Each licensing department and the
supreme court, if the supreme court agrees, shall enter
into a memorandum of understanding with the
department of revenue under sub. (4)(a) that requires the
licensing department or supreme court to do all of the
following:
1. Request the department of revenue to certify whether
an applicant for a license or license renewal or
continuation is liable for delinquent taxes. With respect
to an applicant for a license granted by a credentialing
board, the department of regulation and licensing shall
make a request under this subdivision. This subdivision
does not apply to the department of transportation with
respect to licenses described in sub. (1)(d)7.
2. Request the department of revenue to certify whether a
license holder is liable for delinquent taxes. With respect
to a holder of a license granted by a credentialing board,
the department of regulation and licensing shall make a
request under this subdivision.
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WISCONSIN ADMINISTRATIVE CODE
APPENDIX F continued
(b) Each licensing department and the supreme court, if
the supreme court agrees, shall do all of the following:
1. a. If, after a request is made under par. (a)1. or 2., the
department of revenue certifies that the license holder or
applicant for a license or license renewal or continuation
is liable for delinquent taxes, revoke the license or deny
the application for the license or license renewal or
continuation. The department of transportation may
suspend licenses described in sub. (1)(d)7. in lieu of
revoking those licenses. A suspension, revocation or
denial under this subd. 1. a. is not subject to
administrative review or, except as provided in subd. 2.
and sub. (5)(am), judicial review. With respect to a
license granted by a credentialing board, the department
of regulation and licensing shall make a revocation or
denial under this subd. 1. a. With respect to a license to
practice law, the department of revenue shall not submit
a certification under this subd. 1. a. to the supreme court
until after the license holder or applicant has exhausted
his or her remedies under sub. (5)(a) and (am) or has
failed to make use of such remedies.
b. Mail a notice of suspension, revocation or denial
under subd. 1. a. to the license holder or applicant. The
notice shall include a statement of the facts that warrant
the suspension, revocation or denial and a statement that
the license holder or applicant may, within 30 days after
the date on which the notice of denial, suspension or
revocation is mailed, file a written request with the
department of revenue to have the certification of tax
delinquency on which the suspension, revocation or
denial is based reviewed at a hearing under sub. (5)(a).
With respect to a license granted by a credentialing
board, the department of regulation and licensing shall
mail a notice under this subd. 1. b. With respect to a
license to practice law, the department of revenue shall
mail a notice under this subd. 1. b. and the notice shall
indicate that the license holder or applicant may request
a hearing under sub. (5)(a) and (am) and that the
department of revenue shall submit a certificate of
delinquency to suspend, revoke, or deny a license to
practice law to the supreme court after the license holder
or applicant has exhausted his or her remedies under sub.
(5)(a) and (am) or has failed to make use of such
remedies. A notice sent to a person who holds a license
to practice law or who is an applicant for a license to
practice law shall also indicate that the department of
revenue may not submit a certificate of delinquency to
the supreme court if the license holder or applicant pays
the delinquent tax in full or enters into an agreement with
the department of revenue to satisfy the delinquency.
2. Except as provided in subd. 2m., if notified by the
department of revenue that the department of revenue
has affirmed a certification of tax delinquency after a
hearing under sub. (5)(a), affirm a suspension, revocation
or denial under subd. 1. a. A license holder or applicant
may seek judicial review under ss. 227.52 to 227.60,
except that the review shall be in the circuit court for
Dane County, of an affirmation of a revocation or denial
under this subdivision. With respect to a license granted
by a credentialing board, the department of regulation
and licensing shall make an affirmation under this
subdivision.
2m. With respect to a license to practice law, if notified
by the department of revenue that the department of
revenue has affirmed a certification of tax delinquency
after any requested review under sub. (5)(a) and (am),
decide whether to suspend, revoke, or deny a license to
practice law.
3. If a person submits a nondelinquency certificate issued
under sub. (5)(b)1., reinstate the license or grant the
application for the license or license renewal or
continuation, unless there are other grounds for
suspending or revoking the license or for denying the
application for the license or license renewal or
continuation. If reinstatement is required under this
subdivision, a person is not required to submit a new
application or other material or to take a new test. No
separate fee may be charged for reinstatement of a
license under this subdivision. With respect to a license
granted by a credentialing board, the department of
regulation and licensing shall reinstate a license or grant
an application under this subdivision.
4. If a person whose license has been suspended or
revoked or whose application for a license or license
renewal or continuation has been denied under subd. 1. a.
submits a nondelinquency certificate issued under sub.
(3)(a)2., reinstate the license or grant the person’s
application for the license or license renewal or
continuation, unless there are other grounds for not
reinstating the license or for denying the application for
the license or license renewal or continuation. With
respect to a license granted by a credentialing board, the
department of regulation and licensing shall reinstate a
license or grant an application under this subdivision.
(c)1. Each licensing department and the supreme court
may require a holder of a license to provide the
following information upon request:
a. If the license holder is an individual and has a social
security number, the license holder’s social security
number.
am. If the applicant is an individual and does not have a
social security number, a statement made or subscribed
under oath or affirmation that the applicant does not have
a social security number. The form of the statement shall
be prescribed by the department of children and families.
A license issued in reliance upon a false statement
submitted under this subd. 1. am. is invalid.
b. If the license holder is not an individual, the license
holder’s federal employer identification number.
2. A licensing department may not disclose any
information received under subd. 1. a. or b. to any person
except to the department of revenue for the purpose of
requesting certifications under par. (b)2. in accordance
with the memorandum of understanding under sub. (4)
and administering state taxes or to the department of
children and families for the purpose of administering s.
49.22.
(5) HEARING. (a) The department of revenue shall
conduct a hearing requested by a license holder or
applicant for a license or license renewal or continuation
under sub. (2)(b)1.b. or by an applicant for certification
or recertification or a certificate holder under s.
73.03(50) or 73.09(7m)(b) to review a certification or
determination of tax delinquency that is the basis of a
denial or revocation of a license in accordance with this
section or of a certificate, certification or recertification
under s. 73.03(50) or 73.09
(7m). A hearing under this paragraph is limited to
questions of mistaken identity of the license or certificate
holder or applicant and of prior payment of the
delinquent taxes for which the department of revenue
certified or determined the license or certificate holder or
applicant is liable. At a hearing under this paragraph, any
statement filed by the department of revenue, the
licensing department or the supreme court, if the
supreme court agrees, may be admitted into evidence and
WISCONSIN ADMINISTRATIVE CODE
APPENDIX F continued
is prima facie evidence of the facts that it contains.
Notwithstanding ch. 227, a person entitled to a hearing
under this paragraph is not entitled to any other notice,
hearing or review, except as provided in par. (am) and
sub. (2)(b)2.
(am) If a person who holds a license to practice law or
who is an applicant for a license to practice law receives
a hearing under par. (a) to review a certification or
determination of tax delinquency that is the basis for a
denial, suspension, or revocation of a license to practice
law and such certification or determination is affirmed as
a result of the hearing under par. (a), the person may
seek judicial review of the certification or determination
of tax delinquency under ss. 227.52 to 227.60, except
that the review shall be in the circuit court for Dane
County.
(b) After a hearing conducted under par. (a) or, in the
case of a determination related to a license to practice
law, after a hearing under par. (a) or, if the hearing is
appealed, after judicial review under par. (am), the
department of revenue shall do one of the following:
1. Issue a nondelinquency certificate to a license holder
or an applicant for a license or license renewal or
continuation if the department determines that the license
holder or applicant is not liable for delinquent taxes. For
a hearing requested by an applicant for certification or
recertification or a certificate holder under s. 73.03(50)
or 73.09(7m)(b), the department shall grant a
certification or recertification or reinstate a certification
if the department determines that the applicant or
certificate holder is not liable for delinquent taxes, unless
there are other grounds for denying the application or
revoking the certification.
2. Provide notice that the department of revenue has
affirmed its certification of tax delinquency to a license
holder; to an applicant for a license, a license renewal or
a license continuation; and to the licensing department or
the supreme court, if the supreme court agrees. For a
hearing requested by an applicant for certification or
recertification or a certificate holder under s. 73.03(50),
or 73.09(7m)(b), the department of revenue shall provide
notice to the applicant or certificate holder that the
department of revenue has affirmed its determination of
tax delinquency.
101.123 Smoking prohibited.
(2) REGULATION OF SMOKING.
(bm) Notwithstanding par. (a) and sub. (3), no person
may smoke on the premises, indoors or outdoors, of a
day care center when children who are receiving day
care services are present.
347.48 Safety belts and child safety restraint systems.
(4) CHILD SAFETY RESTRAINT SYSTEMS
REQUIRED; STANDARDS; EXEMPTIONS.
(ag) In this subsection:
1. “Child booster seat” means a child passenger restraint
system that meets the applicable federal standards under
49 CFR 571.213 and is designed to elevate a child from a
vehicle seat to allow the vehicle’s safety belt to be
properly positioned over the child’s body.
2. “Designated seating position” has the meaning given
in 49 CFR 571.3.
3. “Properly restrained” means any of the following:
a. With respect to par. (as)1. and 2., fastened in a manner
prescribed by the manufacturer of the child safety
restraint system which permits the system to act as a
67
body restraint but does not include a system in which the
only body restraint is a safety belt of the type required
under sub. (1).
b. With respect to par. (as)3., wearing a safety belt
consisting of a combination lap belt and shoulder harness
approved by the department under sub. (2) and fastened
in a manner prescribed by the manufacturer of the safety
belt so that the safety belt properly fits across the child’s
lap and the center of the child’s chest in a manner
appropriate to the child’s height, weight, and age that
permits the safety belt to act as a body restraint.
c. With respect to par. (as)4., fastened in a manner
prescribed by the manufacturer of the system which
permits the system to act as a body restraint.
(am) No person may transport a child under the age of 8
in a motor vehicle unless the child is restrained in
compliance with par.
(as) in a safety restraint system that is appropriate to the
child’s age and size and that meets the standards
established by the department under this paragraph. The
department shall, by rule, establish standards in
compliance with applicable federal standards, including
standards under 49 CFR 571.213, for child safety
restraint systems.
(as) A child under the age of 8 years who is being
transported in a motor vehicle shall be restrained as
follows:
1. If the child is less than one year old or weighs less
than 20 pounds, the child shall be properly restrained in a
rear-facing child safety restraint system, positioned at a
designated seating position in a back passenger seat of
the vehicle if the vehicle is equipped with a back
passenger seat.
2. Subject to subd. 1., if the child is at least one year old
and weighs at least 20 pounds but is less than 4 years old
or weighs less than 40 pounds, the child shall be properly
restrained in a forward- facing child safety restraint
system, positioned at a designated seating position in a
back passenger seat of the vehicle if the vehicle is
equipped with a back passenger seat.
3. Subject to subds. 1. and 2., if the child is at least 4
years old but less than 8 years old, weighs at least 40
pounds but not more than 80 pounds, and is not more
than 57 inches in height, the child shall be properly
restrained in a child booster seat.
4. Subject to subds. 1. to 3., if the child is less than 8
years old, the child shall be properly restrained in a
safety belt approved by the department under sub. (2).
(b) The department may, by rule, exempt from the
requirements under pars. (am) and (as) any child who
because of a physical or medical condition or body size
cannot be placed in a child safety restraint system, child
booster seat, or safety belt.
(c) This subsection does not apply if the motor vehicle is
a motor bus, school bus, taxicab, moped, motorcycle or
is not required to be equipped with safety belts under
sub. (1) or 49 CFR 571.
(d) Evidence of compliance or failure to comply with
pars.
(am) and (as) is admissible in any civil action for
personal injuries or property damage resulting from the
use or operation of a motor vehicle but failure to comply
with pars. (am) and (as) does not by itself constitute
negligence.
WISCONSIN ADMINISTRATIVE CODE
68
APPENDIX G
DHS 12 CAREGIVER BACKGROUND CHECKS
Subchapter I — General Provisions
DHS 12.01 Authority and purpose.
DHS 12.02 Applicability.
DHS 12.03 Definitions.
Subchapter II — Background Checks
DHS 12.04 Contracting for background checks.
DHS 12.05 Sanctions.
DHS 12.06 Determining whether an offense is substantially related
to client care.
DHS 12.07 Reporting background changes and nonclient residency.
DHS 12.08 Armed forces background searches.
DHS 12.09 Transmittal of background check information.
DHS 12.10 Maintaining confidentiality of background information
disclosure forms.
DHS 12.11 Supervision pending receipt of caregiver background
checks.
Subchapter III — Rehabilitation Review
DHS 12.12 Rehabilitation process for persons who have committed
certain offenses.
Note: Chapter HFS 12 was repealed and recreated as an emergency rule
effective February 13, 2000. Chapter HFS12 as it existed August 31, 2000 was
repealed and recreated, Register, August, 2000, effective September 1, 2000.
Chapter HFS 12 was renumbered chapter DHS 12 under s. 13.92 (4) (b) 1.,
Stats., and corrections made under s. 13.92 (4) (b) 7., Stats., Register
November 2008 No. 635.
Note: This chapter applies to Department of Health Services and
Department of Children and Families programs until such time as each of
the departments can adopt separate rules.
(2) “Agency” means the department, a county department or
a school board or a child welfare agency licensed under s.
48.60, Stats., as a child−placing agency.
(3) “Background information disclosure form” means the
department’s form, F−82064, on which a person provides
certain information concerning the person’s background.
(4) “Bar” means, as a noun, that a person is not permitted to
receive regulatory approval, or be employed as a caregiver
by or under contract with an entity, or to reside as a nonclient
at an entity.
(5) “Caregiver” has the meaning specified in s. 48.685 (1)
(ag) or 50.065 (1) (ag), Stats., whichever is applicable.
(6) “Client” means a person who receives direct care or
treatment services from an entity. For the purposes of this
chapter, “client” includes an adopted child for whom an
adoption assistance payment is being made under s. 48.975,
Stats.
(7) “Contractor” has the meaning specified in ss. 48.685 (1)
(ar) and 50.065 (1) (bm), Stats.
(8) “County department” means a county department of
social services established under s. 46.215 or 46.22, Stats., or
a county department of human services established under s.
46.21 (2m) or 46.23, Stats.
(9) “Department” means the Wisconsin department of health
services.
Subchapter I — General Provisions
DHS 12.01 Authority and purpose. This chapter is
promulgated under the authority of s. 48.685 (1) (ag) 1. a.,
(2) (d), (4), (5) (a), (6) (b) and (c), Stats.; and s. 50.065 (1)
(ag) 1. a., (d), (f), (2) (d), (4), (5), (6) (b) and (c), Stats.; and
s. 227.11 (2), Stats., to protect from harm clients served by
department−regulated programs, children placed in foster
homes licensed by county departments of social or human
services or private child–placing agencies or children who
are being adopted, and children served in day care programs
contracted by local school boards under s. 120.13 (14),
Stats., by requiring uniform background information
screening of persons regulated and persons who are
employees of or under contract to regulated entities or who
are nonclient residents of regulated entities.
Note: Administrative rules governing county certified day care centers appear
in ch. DCF 202.
History: Cr. Register, August, 2000, No. 536, eff. 9−1−00.
DHS 12.02 Applicability. (1) SCOPE. (a) Persons and
agencies affected. This chapter applies to the department; to
applicants for regulatory approval from the department; to
persons, agencies and entities that have received regulatory
approval from the department; to county department and
child−placing agencies that license foster homes and approve
applications for adoption home studies; to foster home
license applicants and licensees and applicants for an
adoption home study; to school boards that establish or
contract for daycare programs under s. 120.13 (14), Stats.,
and to applicants and persons under contract to a school
board to operate a day care program under s. 120.13 (14),
Stats.
(b) Entities covered. The entities subject to this chapter are
those regulated under: chs. DHS 34, 40, 61, 63, 82, 83, 88,
89, 110, 111, 112, 124, 127, 131, 132, 133, and 134, and chs.
DCF 38, 52, 54, 56, 57, 59, 250, 251, and 252, any other
direct client care or treatment program that may be licensed
or certified or registered by the department.
History: Cr. Register, August, 2000, No. 536, eff. 9−1−00; corrections in (1)
(b) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.
Note: This chapter applies to Department of Health Services and
Department of Children and Families programs until such time as each of
the departments can adopt separate rules.
DHS 12.03 Definitions. In this chapter:
(1) “Adoption home study” means an evaluation of a
prospective adoptive family under ch. DCF 51 or 54.
Note: This chapter applies to Department of Health Services and Department
of Children and Families programs until such time as each of the departments
can adopt separate rules.
(10) “Direct contact” has the meaning specified in ss. 48.685
(1) (ar) and 50.065 (1) (br), Stats.
(11) “Entity” has the meaning specified in s. 48.685 (1) (b)
or 50.065 (1) (c), Stats., whichever is applicable.
(12) “Foster home” means any facility operated by a person
required to be licensed under s. 48.62 (1) (a), Stats., in which
care and maintenance are provided for no more than 4 foster
children, or, if all are siblings, for no more than 6 children,
and also includes a treatment foster home that also provides
structured professional treatment by trained individuals, and
a home licensed for placement of children for adoption under
s. 48.833, Stats., for whom adoption assistance will be
provided under s. 48.975, Stats.
(13) “Hospital” means a facility approved as a hospital under
s. 50.35, Stats.
(14) “Nonclient resident” has the meaning specified in ss.
48.685 (1) (bm) and 50.065 (1) (cn), Stats.
(15) “Personal care worker agency” means a home health
agency licensed under s. 50.49, Stats., and ch. DHS 133 and
certified as a personal care worker agency under s. DHS
105.17 (1).
(16) “Regular” means, in terms of direct contact with clients,
contact that is scheduled, planned, expected, or otherwise
periodic.
(17) “Regulatory approval” means:
(a) For purposes of s. 48.685, Stats., any of the following:
1. Issuance by the department of a license or certification or
the continuation or renewal of a license or certification, or
WISCONSIN ADMINISTRATIVE CODE
APPENDIX G continued
approval of a prospective adoptive parent application for a
home study.
2. Issuance or renewal by a county department or
child−placing agency of a foster home or treatment foster
home license under s. 48.62 or 48.75, Stats., including a
home licensed for placement of children for adoption under
s. 48.833, Stats., for whom adoption assistance will be
provided under s. 48.975, Stats., and includes approval of
pre−adoptive applicants who contract for a home study with
a licensed private child placing agency for approval of a
placement of a child for adoption.
69
Subchapter II — Background Checks
DHS 12.04 Contracting for background checks.
(1) An entity may enter into and shall retain an agreement or
contract with any entity identified under s. 48.685 (1) (b) or
50.065 (1) (c), Stats., or with any college, or university,
including any vocational or technical college or school, or
temporary employment agency or other person, to have the
entity, school, temporary employment agency, or other
person obtain and retain required background information
related to caregivers, including contractors, students, or
Note: Administrative rules governing county certified day care centers appear temporary employees, who, as part of their curriculum, must
in ch. DCF 202.
participate in clinical or practicum experiences at an entity.
3. Approval by a school board under s. 120.13 (14), Stats., of (2) An entity that enters into an agreement or contract under
day care services established by or contracted with a day care sub. (1) shall obtain, at a minimum, from the other entity,
provider.
university, college or technical school, temporary
(b) For purposes of s. 50.065, Stats., issuance by the
employment agency, or other person contracted with, and
department of an entity license, certification, certificate of
shall retain so that it may be promptly retrieved for
approval or registration, or approval by the department of the inspection by the agency, a letter indicating the name or
continuation of an entity license, certification, certificate of
names and social security numbers, if available, of the
approval or registration.
caregivers, including temporary employees, contractors, or
(18) “Rehabilitation review” refers to an agency or tribal
students, listing any convictions learned of during the course
process where a person who is eligible under s. 48.685 (5)
of the required background checks, along with any
(a) or 50.065 (5), Stats., may seek the removal of a bar from substantiated findings of misconduct, licensure denial or
regulatory approval, from employment as a caregiver at or
restriction or any other credential limitation found by either
contracting with an entity, or from residency at an entity.
the department or the department of regulation and licensing.
(19) “School board” means the school board or board of
Note: To obtain a master copy of the F−82064 Background Information
school directors in charge of the schools of a school district. Disclosure Form, in order to reproduce it, either download the form from the
Department’s internet web site at
(20) “Serious crime” has the meaning specified in s. 48.685
www.dhs.wisconsin.gov/caregiver/index.htm, or you may request a copy of
(1) (c) or 50.065 (1) (e), Stats., whichever is applicable.
the form from the agency that regulates your entity.
Note: The only persons who may access information maintained by a county
(21) “Supportive home care service agency” means a home
department regarding a substantiated report of child abuse or neglect against a
health agency licensed under s. 50.49, Stats., and ch. DHS
person are those identified in s. 49.981 (7), Stats.
133.
(22) (a) “Treatment foster home” means a family−oriented
DHS 12.05 Sanctions. (1) SANCTIONABLE ENTITY
facility operated by a person or persons required to be
ACTIONS. An entity that commits any of the following acts
licensed under s. 48.62 (1) (b), Stats., in which treatment,
may be subject to any of the sanctions specified in sub. (2):
care and maintenance are provided for no more than 4 foster (a) Hires, employs, or contracts with a caregiver, or permits
children.
to reside at an entity a nonclient resident, where the entity
(b) “Treatment foster home” includes a placement for
knows or should have known the caregiver or nonclient
adoption under s. 48.833, Stats., of a child for whom
resident is barred under s. 48.685 (4m) (b) or 50.065 (4m)
adoption assistance will be provided under s. 48.975, Stats., (b), Stats.
after adoption is finalized.
(b) Violates any provision of initial background information
(c) “Treatment foster home” does not include a shift−staffed gathering or periodic background information gathering
facility, except as permitted under s. DCF 38.02 (2) (d).
required by s. 48.685 or 50.065, Stats.
(23) “Tribal governing body” means an elected tribal
(2) ENTITY SANCTIONS. Any of the following sanctions
governing body of a federally recognized American Indian
may be imposed on any entity that commits any of the acts
tribe.
described in sub. (1):
(24) “Tribe” has the meaning specified in ss. 48.685 (1) (e)
(a) A forfeiture not to exceed $1,000.
and 50.065 (1) (g), Stats.
(b) A requirement that the entity submit to the agency a
(25) “Under the entity’s control” means an entity does all of written corrective action plan specifying corrections that will
the following:
be made to the identified personnel screening practices
(a) Determines whether a person employed by or under
needing correction and that the entity implement the plan.
contract with the entity who has direct, regular contact with
(c) At entity expense, attendance at agency−designated
clients served by the entity may provide care, treatment, or
personnel screening training or other appropriate training.
other similar support service functions to clients.
(d) Specific conditions or limitations placed on the license,
(b) Directs or oversees one or more of the following:
certification or registration or on a school board−issued
1. The policies or procedures the person must follow in
contract, including denial, revocation, nonrenewal or
performing his or her duties.
suspension of regulatory approval issued by the department,
2. The conditions under which the person performs his or her or denial, nonrenewal or termination by a school board of a
duties.
contract with a day care provider under s. 120.13 (14), Stats.
3. The tasks the person performs.
(e) For a person licensed to operate a child welfare agency,
4. The person’s work schedule.
shelter care facility, group foster home or day care facility,
5. The supervision or evaluation of the person’s work or job any sanction or penalty described in s. 48.715, Stats.
performance, including imposing discipline or awarding
(f) A requirement that the entity use, at entity expense, a
performance awards.
temporary employment agency for screening and hiring
6. The compensation the person receives for performing his
personnel.
or her duties.
(3) SANCTIONABLE INDIVIDUAL ACTIONS. Any
person who is required to complete a background
70
WISCONSIN ADMINISTRATIVE CODE
APPENDIX G continued
information disclosure form and who commits any of the
following actions may be subject to any of the sanctions
specified in sub. (4):
(a) Fails to complete and submit the background information
disclosure form to the appropriate agency or entity.
(b) Knowingly gives false information on or knowingly
omits information from the background information
disclosure form submitted to an agency or entity.
(c) After submitting a background information disclosure
form to an agency or entity, subsequently fails to report any
information about a conviction for a crime or other act or
offense requested on the background information disclosure
form, about a substantiated finding of abuse or neglect or a
client or of misappropriation of a client’s property, or, in the
case of a position for which the person must be credentialed
by the department of regulation and licensing, about a
licensure denial, restriction, or other license limitation by
either the department or the department or regulation and
licensing.
(4) INDIVIDUAL SANCTIONS. All of the following
sanctions may be imposed by an agency on any person who
commits any of the acts described in sub. (3):
(a) A forfeiture not to exceed $1,000.
(b) Denial or revocation of regulatory approval or the
termination of a contract.
(c) Denial or termination of eligibility to reside at the entity.
(d) Special conditions or limitations placed upon the person,
including restriction to an off−premises location during
business hours or otherwise restricting the person’s contact
with clients.
(e) The person’s probation or parole status.
(f) The person’s ability to perform or to continue to perform
the job consistent with the safe and efficient operation of the
program and the confidence of the clients served including,
as applicable, their parents or guardians.
(g) The age of the person on the date of conviction or dates
of conviction.
Note: A person refused employment or who has had his or her employment
terminated and believes he or she may have been discriminated against, may
file a complaint under s. 111.335, Stats., with the Equal Rights Division,
Department of Workforce Development, P.O. Box 8928, Madison, WI
53708−8928 or telephone 608−266−6860.
DHS 12.07 Reporting background changes and nonclient
residency. (1) An entity shall include in its personnel or
operating policies a provision that requires caregivers to
notify the entity as soon as possible, but no later than the
person’s next working day, when any of the following
occurs.
(a) The person has been convicted of any crime.
(b) The person has been or is being investigated by any
governmental agency for any other act, offense, or omission,
including an investigation related to the abuse or neglect, or
threat of abuse or neglect, to a child or other client, or an
investigation related to misappropriation of a client’s
property.
(c) The person has a governmental finding substantiated
against them of abuse or neglect of a client or of
misappropriation of a client’s property.
(d) In the case of a position for which the person must be
credentialed by the department of regulation and licensing,
the person has been denied a license, or the person’s license
has been restricted or otherwise limited.
(2) When any of the following occurs relative to a signatory
or other legal party to the entity application for regulatory
approval or under which a contract under s. 120.13 (14),
Stats., is signed, or relative to a nonclient resident at the
entity, an entity shall, as soon as possible, but no later than
the regulatory agency’s next business day, report the
information to the agency that gave regulatory approval, or
the school board with which the day care entity contracts
under s. 120.13 (14), Stats.
(a) The person has been convicted of any crime.
(b) The person has been or is being investigated by any
governmental agency for any other act, offense, or omission,
including an investigation related to the abuse or neglect, or
threat of abuse or neglect, to a child or other client, or an
investigation related to misappropriation of a client’s
property.
(c) The person has a governmental finding substantiated
against them of abuse or neglect of a client or of
misappropriation of a client’s property.
(d) In the case of a position for which the person must be
credentialed by the department of regulation and licensing,
the person has been denied a license, or the person’s license
has been restricted or otherwise limited.
(3) When a person begins residing at or is expected to reside
at an entity, or the signatory for licensure changes, the entity
shall, as soon as possible, but no later than the regulatory
agency’s next business day, report the residency, expected
residency, or signatory change to the agency that gave
regulatory approval or to the school board that the day care
entity contracts with under s. 120.13 (14), Stats., and submit
to the regulatory agency a completed background
information disclosure form for the new nonclient resident or
new signatory.
DHS 12.06 Determining whether an offense is
substantially related to client care. To determine whether a
crime, delinquency adjudication under s. 48.685 (5m) or
50.065 (5m), Stats., or conduct relating to a governmental
finding of abuse or neglect of another or of misappropriation
of another’s property is substantially related to the care of a
client, the agency or entity may consider all of the following:
(1) In relation to the job, any of the following:
(a) The nature and scope of the job’s client contact.
(b) The nature and scope of the job’s discretionary authority
and degree of independence in judgment relating to decisions
or actions that affect the care of clients.
(c) The opportunity the job presents for committing similar
offenses.
(d) The extent to which acceptable job performance requires
the trust and confidence of clients or a client’s parent or
guardian.
(e) The amount and type of supervision received in the job.
(2) In relation to the offense, any of the following:
(a) Whether intent is an element of the offense.
(b) Whether the elements or circumstances of the offense are
substantially related to the job duties.
(c) Any pattern of offenses.
(d) The extent to which the offense relates to vulnerable
clients.
(e) Whether the offense involves violence or a threat of
harm.
(f) Whether the offense is of a sexual nature.
(3) In relation to the person, any of the following:
(a) The number and type of offenses the person committed or
for which the person has been convicted.
(b) The length of time between convictions or offenses, and
the employment decision.
(c) The person’s employment history, including references, if
available.
DHS 12.08 Armed forces background searches. If a
(d) The person’s participation in or completion of pertinent
person who is the subject of a background search under s.
programs of a rehabilitative nature.
48.685 or 50.065, Stats., served in a branch of the U.S.
WISCONSIN ADMINISTRATIVE CODE
APPENDIX G continued
armed forces, including any reserve component, the agency
or entity shall make a good faith effort to obtain the
discharge status of that person, either from the discharge
papers issued to the person or from the armed forces branch
in which the person served. If the discharge status is other
than honorable, the agency or entity shall obtain information
on the nature and circumstances of the discharge.
DHS 12.09 Transmittal of background check
information. (1) When an entity sends a required
background information disclosure form to the department
under s. 48.685 (3) (a), Stats., the entity shall include in the
transmittal all the following:
(a) Any reason for denial or revocation of a license or denial
of an adoption application.
(b) The date of the license denial or revocation or adoption
application denial.
(2) A child−placing agency or county department shall
provide the department with written information about each
person to whom the child−placing agency or county
department denies a license or adoption home study approval
for a reason specified in s. 48.685 (4m) (a), Stats., including
all the following:
(a) The reason for denial or revocation of a license or denial
of adoption application.
(b) The date of the license denial or revocation or adoption
application denial.
71
2. Tribes desiring to conduct rehabilitation reviews shall
send a rehabilitation review plan required under ss. 48.685
(5d) and 50.065 (5d), Stats., to the department.
Note: Send rehabilitation review plans to the Office of Legal Counsel,
Department of Health Services, P.O. Box 7850, 1 West Wilson St., Rm 651,
Madison, WI 53707–7850.
(2) ELIGIBILITY TO REQUEST REHABILITATION
REVIEW.. (a) Any person who is ineligible under s. 50.065
(4m) (a) or (b), or 48.685 (4m) (a) or (b), Stats., to receive
regulatory approval, to be employed as a caregiver, or to
contract with or reside at an entity, may request a
rehabilitation review if the person meets both of the
following conditions:
1. The person has not requested a rehabilitation review for a
similar type of regulatory approval, job function or nonclient
resident status within the preceding year. In this subdivision,
“similar” means comparable regulatory approval, or a
comparable job function or activity.
Note: Examples of “similarity” and “comparability” are positions that require
a comparable level of direct contact with children; a comparable level of
unsupervised client access; a previous review involved family day care and the
applicant is seeking licensing for group day care; or the applicant sought a
group home license and now is seeking a child−caring institution license.
2. If the person is a foster home license applicant under s.
48.62, Stats., or an applicant for an adoption home study, the
person has not been convicted of a serious crime under s.
48.685 (5) (bm) 1., 2. or 3., Stats., another crime listed in
section III of the appendix that results in a permanent bar, or
a similar serious crime in another jurisdiction or, if the
Note: Send the information required in subs. (1) and (2) to the Bureau of
person was convicted of a crime under s. 48.685 (5) (bm) 4.,
Regulation and Licensing, Division of Children and Family Services, P. O.
Box 8916, 1 West Wilson Street, Madison, WI 53708−8916.
Stats., the crime was committed more than 5 years before the
(3) In addition to the persons specified in s. 48.685 (6) (b) 2., background check was requested.
Stats., an entity shall send a completed background
(b) If a person is eligible to request a rehabilitation review,
information disclosure form to the county department for a
the agency or tribe from which the person is seeking
person who is licensed or an adoptive parent applicant
regulatory approval, or the entity with whom the person is
studied by a county department.
seeking employment as a caregiver or a contract, or where
(4) In addition to the persons specified in s. 48.685 (6) (b) 3., the person wishes to reside shall give the person information
Stats., an entity shall send a completed background
on rehabilitation review eligibility criteria and on how to
information disclosure form to the child−placing agency for obtain the rehabilitation review request form.
Note: To obtain a master copy of the Department’s Rehabilitation Review
a person who is in a home studied for adoptive parent
Request Form (EXS−263) in order to reproduce it, either download the form
applicant approval.
DHS 12.10 Maintaining confidentiality of background
information disclosure forms. Agencies and entities shall
retain all required completed department background
information forms in a manner that ensures prompt retrieval
of the forms for inspection and shall comply with applicable
federal and state confidentiality laws.
from the Department’s internet site at
www.dhs.wisconsin.gov/caregiver/index.htm, or request a copy of the form
from, as appropriate, the agency that regulates the entity or from the entity.
(3) INITIATING A REHABILITATION REVIEW
REQUEST. To request a rehabilitation review, an eligible
person shall do all of the following:
(a) Obtain a rehabilitation review request form developed by
the department or applicable tribe and submit the completed
form to the agency that regulates the entity, or to the
DHS 12.11 Supervision pending receipt of caregiver
applicable tribe, or for day care programs established under
background checks. Entity supervision required under ss.
s. 120.13 (14), Stats., to the school board.
48.685 (4m) (c) and 50.065 (4m) (c), Stats., shall include at a
(b) Submit any supporting documents and information
minimum periodic direct observation of the person.
required by the applicable rehabilitation review request form
to the same agency, tribe, or school board.
Subchapter III — Rehabilitation Review
(4) PROCESSING REHABILITATION REVIEW
REQUESTS. (a) Rehabilitation review panel. When an
DHS 12.12 Rehabilitation process for persons who have
committed certain offenses. (1) GENERAL PROVISIONS. eligible person has filed a complete rehabilitation review
request form along with all required additional and
(a) An agency shall conduct rehabilitation reviews as
supporting information, the applicable agency, tribe, or
described in this section for persons who are eligible to
receive rehabilitation review under this section for any of the school board shall appoint a review panel of at least 2
persons to review the information submitted. The panel may
following:
request additional information from the person or from other
1. Entities the agency regulates.
agencies or persons familiar with the person requesting the
2. Persons an entity employs.
review.
3. Persons an entity contracts with.
(b) Time frame. If the application form and any requested
4. Nonclient residents of an entity.
supporting materials are not complete within 90 days of the
(b) 1. A tribal governing body may conduct rehabilitation
reviews under ss. 48.685 (5) and 50.065 (5), Stats., if a plan date the application is submitted, and the person requesting
the review does not have good cause for the failure to submit
submitted under s. 48.685 (5d) or 50.065 (5d), Stats., has
a complete application form or supporting materials, the
been approved by the department.
rehabilitation approval shall be denied.
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WISCONSIN ADMINISTRATIVE CODE
APPENDIX G continued
(c) Requester appearance. The person requesting the
rehabilitation review shall have an opportunity to appear
before the review panel to answer any questions the panel
members may have.
(d) Rehabilitation decision formulation and factors. After
reviewing the information obtained, the review panel shall
decide whether the person has demonstrated, by clear and
convincing evidence, that the person is rehabilitated for
purposes of receiving regulatory approval, employment as a
caregiver, or contracting with or residing at an entity. The
panel shall consider at least the following factors, as
applicable:
1. Personal reference checks and comments from employers,
persons, and agencies familiar with the applicant and
statements from therapists, counselors and other
professionals.
2. Evidence of successful adjustment to, compliance with or
proof of successful completion of parole, probation,
incarceration or work release privileges.
3. Proof that the person has not had subsequent contacts with
law enforcement agencies leading to probable cause to arrest
or evidence of noncompliance leading to investigations by
other regulatory enforcement agencies.
4. Any pending or existing criminal or civil arrest warrants,
civil judgments or other legal enforcement actions or
injunctions against the person.
5. Any aggravating or mitigating circumstances surrounding
the crime, act or offense.
6. Evidence of rehabilitation, such as public or community
service, volunteer work, recognition by other public or
private authorities for accomplishments or efforts or attempts
at restitution, and demonstrated ability to develop positive
social interaction and increased independence or autonomy
of daily living.
7. The amount of time between the crime, act or offense and
the request for rehabilitation review, and the age of the
person at the time of the offense.
8. Whether the person is on the sexual offender registry
under s. 301.45, Stats., or on a similar registry in another
jurisdiction.
9. A victim’s impact statement, if appropriate.
10. Employment history, including evidence of acceptable
performance or competency in a position and dedication to
the person’s profession.
11. The nature and scope of the person’s contact with clients
in the position requested.
12. The degree to which the person would be directly
supervised or working independently in the position
requested.
13. The opportunity presented for someone in the position to
commit similar offenses.
14. The number, type and pattern of offenses committed by
the person.
15. Successful participation in or completion of
recommended rehabilitation, treatment or programs.
16. Unmet treatment needs.
17. The applicant’s veracity.
(5) REHABILITATION DECISIONS. (a) Review panel
decision. The review panel shall decide whether to approve,
defer, or deny rehabilitation approval, and shall issue a
written decision to that effect, as follows:
1. If the review panel finds sufficient evidence to support
rehabilitation approval, the decision shall indicate, as
applicable, whether the person is eligible for regulatory
approval, employment as a caregiver, or contracting with or
residency at an entity. The decision shall describe the scope
of the rehabilitation approval and state any conditions or
limitations placed on the approval, such as whether the
approval is only for employment doing certain job functions
or the eligibility for regulatory approval is only to operate
certain entity types.
2. If the review panel decides to defer a rehabilitation
decision, the panel decision shall state the reasons for the
deferral. Unless otherwise agreed to by the requester, the
panel may defer a final decision for a period of not more
than 6 months from the initial decision date.
3. If the review panel decides to deny approval of the
rehabilitation request, the decision shall explain the reasons
for the denial and inform the requester that he or she may
appeal the decision as described in s. 48.685 (5c) or 50.065
(5c), Stats., as applicable, by filing a written request for
review of the decision within 10 days of receipt.
Note: Pursuant to s. 48.685 (5c), Stats., or 50.065 (5c), Stats., submit an
appeal to the following, as appropriate: 1. To appeal a Department denial of a
rehabilitation approval, send the appeal request to the Department of Health
Services, Office of Legal Counsel, P.O. Box 7850, Madison, WI 53707−7850.
2. To appeal a school board denial of a rehabilitation approval, send the appeal
request to the Superintendent of the Department of Public Instruction, 125
South Webster St., Madison, WI 53703; or call 608−266−3390. 3. To appeal a
county denial of a rehabilitation approval, send the appeal request to the
appropriate county. When any of the preceding rehabilitation appeals are
denied, a further appeal is available under ch. 227, Stats. Send a request for a
ch. 227, Stats., hearing to appeal any of the preceding Department,
Department of Public Instruction or county denials of rehabilitation appeals to
the Division of Hearings and Appeals, P. O. Box 7875, Madison, WI
53707−7875. The request may be delivered in person to that office at 5005
University Avenue, Suite 201, Madison, Wisconsin.
Note: Any person who is listed in the Department’s caregiver misconduct
registry under ch. DHS 13 as having a substantiated finding of abuse or
neglect of a client or misappropriation of a client’s property as the result of an
action the person took while working as a nurse aide in a federally certified
nursing home or intermediate care facility for persons with mental retardation
(ICF/MR) is permanently prohibited from being employed, in any capacity, in
a federally–certified nursing home or a federally– certified ICF/MR. If such a
person obtains a rehabilitation approval, the person is eligible to be considered
for regulatory approval, for employment as a caregiver, or for non−client
residency at or contracting with other entities covered by ss. 50.065 and
48.685, Stats. See 42 CFR 483.13 and 483.420 for federal regulations relating
to nurse aides.
(b) Burden of proof. A person who appeals under par. (a) 3.
shall bear the burden of proving, by a preponderance of the
evidence, that the agency or tribe abused its discretion in
deciding that the person did not show sufficient evidence to
support rehabilitation approval.
(c) Review panel decision distribution. The review panel
shall send its decision to the requester and a copy, if
appropriate, to the entity. If the agency conducting the
rehabilitation review is other than the department or a tribe,
the review panel shall also, within 10 days of sending its
decision, send a completed copy of the department’s required
reporting form regarding any rehabilitation decision to the
department. If the entity conducting the rehabilitation review
is a tribe, the review panel shall also send a copy of the
decision to the same address accompanied by a copy of the
requester’s application materials.
Note: Rehabilitation decisions should be addressed to the Office of Legal
Counsel, Department of Health Services, P. O. Box 7850, 1 W. Wilson St.,
Room 651, Madison, WI 53707−7850.
(d) Maintaining rehabilitation decision documentation. The
review panel shall maintain a file containing a copy of the
original written decision and any decisions from filed
appeals that may result. The agency or tribe shall maintain in
the file the rehabilitation review request and all materials or
information obtained or notes made as part of the
rehabilitation review decision.
(6) REHABILITATION APPROVAL COMPLIANCE AND
WITHDRAWALS.
(a) Approval conditions. A person who receives
rehabilitation approval shall comply with all conditions and
limitations imposed with that approval.
(b) Rehabilitation approval violation−−mandatory
withdrawal. An agency or tribe that has granted a person a
rehabilitation approval shall withdraw the approval if the
WISCONSIN ADMINISTRATIVE CODE
APPENDIX G continued
agency or tribe learns that the person is no longer eligible
under s. 50.065 (4m) (a) or (b), or 48.685 (4m) (a) or (b),
Stats., for regulatory approval, to be employed as a
caregiver, or to contract with or reside at an entity.
(c) Rehabilitation approval violation—summary suspension.
An agency or tribe that granted a person a rehabilitation
approval may immediately temporarily rescind the
rehabilitation approval when the agency or tribe has
knowledge that the person has done either of the following:
1. The person has failed to comply with or abide by any
conditions or limitations imposed with the rehabilitation
approval.
2. The person knowingly submitted false information or
withheld pertinent information relevant to the rehabilitation
request that otherwise could or would have affected the
review panel’s decision to grant the rehabilitation approval.
(d) Informing agencies or tribes. An agency, entity or tribe
other than the agency or tribe that granted a rehabilitation
approval, that becomes aware that any person has violated
his or her rehabilitation approval under par. (b) or (c), shall
inform the agency or tribe that granted the approval, of the
violation.
(e) Review of summary suspensions. 1. Within 10 working
days of temporarily rescinding a rehabilitation approval
under par.
(c), the approving agency or tribe shall determine whether
the new information related to an approval violation under
par. (c) is valid and represents a risk of harm to the client. If
the new information is valid and does represent a risk of
harm to the client, the approving agency or tribe shall
withdraw the rehabilitation approval, thereby re−imposing,
as applicable, the person’s bar from regulatory approval,
from employment as a caregiver or from contracting with or
residing at an entity.
2. An agency, entity, or tribe, as applicable, that determines
the new information related to an approval violation under
par. (c) represents a risk of harm to a client shall also
immediately take appropriate measures to protect clients
until any appeal filed under par. (g) is exhausted.
Appropriate measures may include a repeal of regulatory
approval, termination of employment as a caregiver or of
approval to reside at an entity, contract termination,
reassigning the person away from duties involving direct
regular contact with clients or placing the person on
temporary leave.
(f) Withdrawal decisions. When an agency or tribe
withdraws a rehabilitation approval, it shall issue a written
decision to that effect. The decision shall explain the reasons
for the withdrawal and inform the requester whether he or
she may appeal under par. (g).
(g) Appeal rights. Any person who has his or her
rehabilitation approval withdrawn under par. (c) may file an
appeal of this decision as provided in sub. (5) (a).
(h) Withdrawal reporting. When an agency or tribe that
granted a rehabilitation approval withdraws the approval,
and the withdrawal results in a bar to regulatory approval, to
eligibility to work as a caregiver, or to contracting with or
residing at an entity, the approving agency or tribe shall
immediately report the withdrawal to the subunit of the
department responsible for collecting this information.
73
limitations or conditions expressed in the written
rehabilitation approval decision.
(b) Tribe approval limitations. A tribe may only grant
rehabilitation approvals within the scope of its own
employment, contracting, or licensing authority.
(c) Rehabilitation approval transfers. 1. When an agency,
tribe, or entity learns from the department’s background
information disclosure form or in any other way that an
applicant for regulatory approval, for employment as a
caregiver, or for a contract with or permission to reside at an
entity has had a rehabilitation review, the agency, tribe, or
entity shall request from the rehabilitation review agency or
tribe a copy of the rehabilitation review decision. If the
rehabilitation review decision was an approval, the agency,
tribe or entity shall determine whether the approval may be
applied to the regulatory approval, employment as a
caregiver, or contract with or residency at an entity that the
applicant currently seeks.
2. Except as specified in subd. 3., an agency, entity, or tribe
may review and accept a rehabilitation granted to a person
by another agency or tribe if the receiving agency or tribe
determines both of the following:
a. The crime, act, or offense that required the person to
request rehabilitation review is not substantially related to
the person’s job duties.
b. Any limitations or conditions imposed with the
rehabilitation approval continue to be able to be met.
3. No rehabilitation approval granted by a tribe may be
transferred outside of the tribe’s employment or contracting
authority.
4. Before transferring a rehabilitation approval under subd.
1., an agency, tribe, or entity shall verify with the department
that the applicant has had a rehabilitation review, and if so,
the date and status of that review and whether any reason
other than the one the applicant reported on the background
information disclosure form exists that requires the applicant
to request a rehabilitation review.
5. If the decision of the agency or tribe that conducted the
rehabilitation review is to deny approval of transferring the
rehabilitation approval, the agency, entity, or tribe shall
determine whether the applicant for regulatory approval, for
employment as a caregiver, or for contracting with or
residency at an entity is eligible to seek another rehabilitation
review under sub. (2), and if so, shall inform the person of
his or her eligibility.
Note: Examples of circumstances in which approvals may or may not be
transferable include the following:
1. An approval to be a foster parent by one county or
child−placing agency is not, unless approved by the other
county or child−placing agency, transferable to the other
county or child−placing agency.
2. An approval by the department for a person to work as a
shipping clerk in a hospital or nursing home would be
transferable to another entity or job function or activity
regulated under ch. 50, Stats., as long as limitations or
conditions, if any, imposed with the rehabilitation approval
are able to be met.
3. A rehabilitation approval for employment at a children’s
day care or a child caring institution is not transferable to a
hospital or nursing home or vice versa.
4. A rehabilitation approval is not transferable from a group
Note: Send reports of withdrawn rehabilitation approval to: Office of Legal
day care center to a family day care center if the
Counsel, Department of Health Services, P. O. Box 7850, 1 West Wilson
Street, Room 651, Madison, WI 53707−7850.
department’s rehabilitation approval imposed limits or
(7) SCOPE OF AGENCY OR TRIBE REHABILITATION
conditions.
APPROVAL. (a) Agency approval limitations. An agency
5. A rehabilitation approval is transferable from one
may grant rehabilitation approval only within the scope of its department−regulated child care residential setting to another
regulatory authority. The approval applies to all types of
as long as any limitations or conditions can be met.
entities, job activities and functions the agency regulates,
unless the agency specifies otherwise in the form of
74
WISCONSIN ADMINISTRATIVE CODE
APPENDIX G continued
APPENDIX G (continued)
CHAPTER DHS 12
APPENDIX A OFFENSES AFFECTING CAREGIVER ELIGIBILITY
SEPTEMBER, 2000
INTRODUCTION
This document lists Wisconsin crimes and other offenses that the Wisconsin State Legislature,
under the Caregiver Law, ss. 48.685 and 50.065, Stats., has determined either require rehabilitation
review approval before a person may receive regulatory approval, may work as a caregiver, may
reside as a nonclient resident at or contract with an entity, or that act to permanently bar a person
from receiving regulatory approval to be a foster parent.
Note: This table reflects changes in the caregiver law made by 1999 Wisconsin Act 9.
If a person has been convicted of a crime in another state or jurisdiction, the entity or regulatory
agency must locate on the table below the Wisconsin crime that is identical or most similar to the
crime for which the person was convicted and apply the consequence identified. This instruction also
applies if the person was convicted in Wisconsin, but the statute number or crime title has been
changed or amended. For example, convictions under Chapter 961, the Uniform Controlled
Substances Act, were previously convictions under Chapter 161.
Notwithstanding s. 111.335, Stats., ss. 48.685 (5m) and 50.065 (5m), Stats., permit a regulatory
agency to deny regulatory approval or an entity to refuse to employ, contract with or permit to reside
at the entity a person whom the regulatory agency or entity determines has been convicted of a crime
that is “substantially related” to the care of a client. The agency or entity may review a conviction to
make that determination when: (a) The person has been convicted in Wisconsin or another state or
jurisdiction of any crime that is not listed in this appendix; or (b) The person has been convicted of a
crime that is listed in part III. of this appendix for foster care purposes only.
Under the Caregiver Law, current limitations on a person’s professional credentials may limit the
person’s eligibility for employment or licensure in a position for which the person must be
credentialed by the department of regulation and licensing.
If a Background Information Disclosure form, a caregiver background check, or any other
information shows that a person was convicted of any of the offenses immediately below within 5
years before the information was obtained, the department, county department, child welfare agency,
school board, or entity, as applicable, shall make every reasonable effort to contact the clerk of courts
to obtain a copy of the criminal complaint and judgment of conviction relating to that conviction.
940.19 (1) Misdemeanor battery
940.195 Battery to an unborn child
940.20 Battery, special circumstances
941.30 Reckless endangerment
942.08 Invasion of privacy
947.01 Disorderly conduct
947.013 Harassment
WISCONSIN ADMINISTRATIVE CODE
APPENDIX G continued
75
I. Entities and Programs Serving Only Persons 18 Years of Age or Older
CONVICTIONS
Regulatory approval, employment as a caregiver, and nonclient residency at or contracting with an entity are
prohibited until rehabilitation approval is received, for all programs and entities that serve only clients 18
years of age or older.
Wis. Stats.
Crime
940.01
First degree intentional homicide
940.02
1st degree reckless homicide
940.03
Felony murder
940.05
2nd degree intentional homicide
940.12
Assisting suicide
940.19 (2) through (6)
Battery (felony)
940.22 (2) or (3)
Sexual exploitation by therapist; duty to report
940.225 (1), (2), or (3)
1st, 2nd, or 3rd degree sexual assault
940.285
Abuse of vulnerable adults (misdemeanor or felony)
940.29
Abuse of residents of a penal facility
940.295
Abuse or neglect of patients and residents (misdemeanor or felony)
948.02 (1)
1st degree sexual assault of a child
948.025
Repeated acts of sexual assault of a child
948.03 (2) (a)
Physical abuse of a child – intentional – cause great bodily harm
OTHER OFFENSES
−−−
Finding by a governmental agency of neglect or abuse of a client, or of misappropriation
of a client’s property
−−−
Finding by a governmental agency of child abuse or neglect
II. Entities and Programs Serving Any Clients Under the Age of 18
CONVICTIONS
Regulatory approval, employment as a caregiver, and nonclient residency at and contracting with an entity are
prohibited until rehabilitation approval is received, for all entities and programs that serve any clients who are
under the age of 18. (For additional federal foster care bars, see part III. below.)
Wis. Stats.
Crime
940.01
First degree intentional homicide
940.02
1st degree reckless homicide
940.03
Felony murder
940.05
2nd degree intentional homicide
940.12
Assisting suicide
940.19 (2) through (6)
Battery (felony)
940.22 (2) or (3)
Sexual exploitation by therapist; duty to report
940.225 (1), (2), or (3)
1st, 2nd, or 3rd degree sexual assault
940.285
Abuse of vulnerable adults (misdemeanor or felony)
940.29
Abuse of residents of a penal facility
940.295
Abuse or neglect of patients & residents (misdemeanor or felony)
948.02 (1) or (2)
1st or 2nd degree sexual assault of a child
948.025
Repeated acts of sexual assault of same child
948.03 (2) (a), (b), or (c)
Physical abuse of a child – intentional causation of bodily harm
948.05
Sexual exploitation of a child
948.055
Causing a child to view or listen to sexual activity
948.06
Incest with a child
948.07
Child enticement
948.08
Soliciting a child for prostitution
948.11 (2)(a) or (am)
Exposing child to harmful material or harmful descriptions or narrations (felony)
948.12
Possession of child pornography
948.13
Child sex offender working with children
948.21 (1)
Neglect of a child – resulting in death (felony)
948.30
Abduction of another’s child; constructive custody
OTHER OFFENSES
−−−
Finding by a governmental agency of neglect or abuse of a client, or of misappropriation
of a client’s property
−−−
Finding by a governmental agency of child abuse or neglect
76
WISCONSIN ADMINISTRATIVE CODE
APPENDIX G continued
III. Foster Care
CONVICTIONS
By federal or state law, for Foster Homes and Treatment Foster Homes, regulatory approval, employment as a
caregiver, and nonclient residency at and contracting with an entity are barred as follows:
Permanent bar =.............. Conviction acts as permanent bar.
Spouse = ......................... Permanent bar applies when spouse was the victim in the offense.
5 years = ......................... Bar is for 5 years from time crime committed.
Spouse / 5 years / R = ..... If spouse was the victim, bar is permanent. In other cases, bar is for 5 years from time crime
committed; then must show rehabilitation.
Spouse / 5 years = ........... If spouse was the victim, bar is permanent. In other cases, bar is for 5 years from time crime
committed.
Bar w/ rehab = ................ Regulatory approval, employment as a caregiver, and nonclient residency at and contracting
with an entity are barred until rehabilitation approval is received.
Wis. Stats.
Crime
Federal law / Foster
Care Bar
940.01
First degree intentional homicide
Permanent bar
940.02
1st degree reckless homicide
Permanent bar
940.03
Felony murder
Permanent bar
940.05
2nd degree intentional homicide
Permanent bar
940.06
2nd degree reckless homicide
Permanent bar
940.12
Assisting suicide
Bar w/ rehab
940.19 (2) through (6)
Battery (felony)
Spouse / 5 years / R
940.20
Battery – special circumstances
5 years
940.20 (1) or (1m)
Battery – special circumstances
Spouse
940.203
Battery or threat to judge
5 years
940.205
Battery or threat to a Department of Revenue employee
5 years
940.207
Battery or threat to a Department of Commerce or DWD employee
5 years
940.21
Mayhem
Permanent bar
940.22 (2) or (3)
Sexual exploitation by therapist; duty to report
Bar w/ rehab
940.225 (1), (2), or (3)
1st, 2nd, or 3rd degree sexual assault
Permanent bar
940.23
Reckless injury
Permanent bar
940.285
Abuse of vulnerable adults (misdemeanor or felony)
Bar w/ rehab
940.29
Abuse of residents of a penal facility
Bar w/ rehab
940.295
Abuse or neglect of patients or residents (misdemeanor or felony)
Bar w/ rehab
940.305
Taking hostages
Permanent bar
940.31
Kidnapping
Permanent bar
941.20 (2) or (3)
Endangers safety by use of a dangerous weapon
Permanent bar
941.21
Disarming a peace officer
Permanent bar
943.10(2)
Burglary while armed
Permanent bar
943.23 (1g), (1m) or
Operating motor vehicle without owner’s consent (OMVWOC)
Permanent bar
(1r)
943.32 (2)
Robbery with dangerous weapon
Permanent bar
948.02 (1), (2), (3), or
1st or 2nd degree sexual assault of a child; failure to act; penalty
Permanent bar
(3m)
enhancement
948.025
Repeated acts of sexual assault of a child
Permanent bar
948.03 (2), (3), or (4)
Physical abuse of a child
Permanent bar
948.04
Causing mental harm to a child
Permanent bar
948.05
Sexual exploitation of a child
Permanent bar
948.055
Causing a child to view or listen to sexual activity
Permanent bar
948.06
Incest with a child
Permanent bar
948.07
Child enticement
Permanent bar
948.08
Soliciting a child for prostitution
Permanent bar
948.095
Sexual assault of student by school staff
Permanent bar
948.11 (2) (a) or (am)
Exposing child to harmful material or harmful descriptions or
Permanent bar
narrations (felony)
948.12
Possession of child pornography
Permanent bar
948.13
Child sex offender working with children
Permanent bar
948.20
Abandonment of a child
Permanent bar
948.21 (1)
Neglect of a child – resulting in death (felony)
Permanent bar
948.22
Failure to support (felony)
Permanent bar
948.23
Concealing death of a child
Permanent bar
948.24
Unauthorized placement for adoption
Permanent bar
WISCONSIN ADMINISTRATIVE CODE
APPENDIX G continued
III. Foster Care − Continued
CONVICTIONS
Wis. Stats.
Crime
948.30
948.31
948.35
948.36
948.40
948.51
948.60
948.605 (3)
948.61
948.62
−−−
961.41 (1)
961.41 (1m)
961.41 (3g)
961.43 (1)(a)
961.43 (1)(b)
961.455
961.46
961.465
961.49
961.492
−−−
OTHER OFFENSES
−−−
−−−
Abduction of another’s child; constructive custody
Interference with custody by parent or others
Solicitation of a child to commit a felony
Use of a child to commit a class A felony
Contributing to the delinquency of a minor (felony)
Hazing (felony)
Possession of a dangerous weapon by a person under 18 (felony)
Gun−free school zones; discharge of firearm in a school zone (felony)
Dangerous weapons other than firearms on school premises (felony)
Receiving stolen property from a child (felony)
All other Chapter 948 crimes that are felonies
Manufacture, distribution or delivery (felony)
Possession with intent to manufacture, distribute, or deliver (felony)
Possession (felony)
Acquire or obtain possession of controlled substances by fraud,
misrepresentation, or forgery, deception, or subterfuge (felony)
To possess/make a counterfeit substance or to duplicate the
appearance, packaging, form or label of a controlled substance
(felony)
Using a child for illegal drug distribution or manufacturing purposes
(felony)
Distribution to persons under 18 (felony)
Distribution to prisoners
Distribution of or possession with intent to deliver at or near certain
places
Distribution of or possession with intent to deliver on public transit
(felony)
All other ch. 961 offenses that are felonies
Finding by a governmental agency of neglect or abuse of a client, or
of misappropriation of a client’s property
Finding by a governmental agency of child abuse or neglect
77
Federal law /
Foster Care Bar
Permanent bar
Permanent bar
Permanent bar
Permanent bar
Permanent bar
Permanent bar
Permanent bar
Permanent bar
Permanent bar
Permanent bar
Permanent bar
5 years
5 years
5 years
5 years
5 years
5 years
5 years
5 years
5 years
5 years
5 years
Bar w/ rehab
Bar w/ rehab
78
WISCONSIN ADMINISTRATIVE CODE
APPENDIX H
CHILD CARE STAFF-TO-CHILD RATIO WORKSHEET
WISCONSIN ADMINISTRATIVE CODE
79
APPENDIX I
INSTRUCTIONS FOR OBTAINING DEPARTMENT FORMS
FOR GROUP CHILD CARE CENTERS
The department forms listed below are arranged in two categories: 1) those that the department
requires group child care centers to use are designated as “REQUIRED” and shall be used by
licensees; and 2) those that the group child care center may use, at their option, if they do not have
their own forms on which to record information required by the licensing rules.
Applicants and licensees may obtain copies of these forms from the department’s website
http://www.dcf.wisconsin.gov/childcare/licensed/Forms.htm. Forms on the website will require use
of Microsoft Word or Adobe Acrobat to view. The forms may be reproduced as needed. Several
forms listed below have been translated in to Spanish, Hmong and Russian and are also available
from our website.
If you do not have internet access, or if you want to request a form from the department, contact your
regional licensing office listed in Appendix A.
FORM TITLE
Alternate Arrival / Release Agreement – Child Care Centers
Authorization to Administer Medication – Child Care Centers
Background Information Disclosure
Building Inspection Report – Child Care Centers
Child Care Enrollment
Child Care Staff-To-Child Ratio Worksheet – Group Child Care Centers
Child Health Report – Child Care Centers
Child Record Checklist – Child Care Centers
Continuing Education Record – Independent Reading / Video Viewing
Daily Attendance Record – Child Care Centers
Day Care Immunization Record
Field Trip or Other Activity Notification / Permission – Child Care Centers
Fire Safety and Emergency Response Documentation – Group Child Care Centers
Health History and Emergency Care Plan
Incident Report – Child Care Centers
Informed Consent for Observation or Testing By Outside Agency
Intake for Child Under 2 Years – Child Care Centers
Licensing Checklist – Group Child Care Centers
Policy Checklist – Group Child Care Centers
Request for Exception
Staff and Child Identification Key
Staff Continuing Education Record – Child Care Centers
Staff Health Report – Child Care Provider
Staff Orientation Checklist – Group Child Care Centers
Staff Record – Child Care Centers
Staff Record Checklist – Group Child Care Centers
Transportation Permission – Child Care Centers
Vehicle Safety Inspection
Volunteer Training Confirmation – Group Child Care Centers
REQUIRED
YES
YES
YES
YES
YES
YES
YES
80
WISCONSIN ADMINISTRATIVE CODE
INDEX
A
Accident
Reporting
Vehicle
Activities
Additional Center
Address Change
Administration
Administrator
Continuing education
Report change
Responsibilities and qualifications
School-age care
Admission
Infant and toddler
Mildly ill child
Policy
Age of Children
Alcohol
Allergies
Amendments to License
Animals
Application
Initial license
License continuation
Archery
Assistant Child Care Teacher
Continuing education
Infants and toddlers
Responsibilities and qualifications
School-age care
Supervision
Attendance
Authority
C
7
34
27
44
44
6
17
7
12, 15
39
36
30
6
6, 44
19
29
44
33
42
43
33
17
36
12, 14
40
17
11
43, 44
B
Baby Food
Background Information Disclosure
Bandaid
Basement
Door
Food storage
Bed
Furnishings
Isolation area
Night care
Rest periods
Water beds
Bedding
Isolation area
Maintenance, cleanliness
Night care
Storage
Bottles
Breakfast
Building
Construction, remodeling
Infant and toddler care
Night care
Requirements
School-age care
37
7, 9, 42, 43
32
20
23
30
21
30
41
28
36
30
29
41
21
22, 37
41
8
36
41
19
39
Capacity
Amending a license
Night care
Terms of license
Vehicle
Cardiopulmonary Resuscitation
Caregiver Background Check
Board chairperson, household member
Reporting convictions, charges, offenses
Staff records
Center Director
Continuing education
Report change
Responsibilities and qualifications
School-age care
Certificate
CPR
Insurance
Rabies vaccination
The Registry
Chairs
Change
Administrator
Board chairperson
Center director
Household member
Meal preparation
Menu
Off-premises play space plan
Program service
Remodeling
Room usage
Transportation services
Child Abuse and Neglect
Reporting
Training
Child Care Teacher
Responsibilities and qualifications
Child Care Teachers
Continuing education
Responsibilities and qualifications
School-age care
Child Guidance
Policy
Child Guidance Policy
Children's Records
Cleaning Aids
Cleanliness
Clerical Staff
Clothing
Available supply
Storage space
Sun protection
Wet or soiled
Combs
Communicable Disease
Communication
Infants and toddlers
Parents
Program
Complaints
Confidentiality
Construction
44
41
6
35
12
7
8
9
17
7
12, 15
40
12
6
33
15
21, 37
7
7
7
7
8
29
25
7
19
8, 19
8
11
11
12
17
14, 15
40
27
7
27
9
23
20, 29, 31
18
32, 38, 41
21
31
37
32
8, 16, 30
36
8
27
48
11
8, 19
WISCONSIN ADMINISTRATIVE CODE
Continuing Education
Child abuse and neglect
11
CPR
12
Infants and toddlers
36
Requirements
17
Continuing Education Policy
7
Controlled Substance
19
Cots
Furnishings
21
Isolation area
30
Night care
41
Rest periods
28
Sanitation
20
Storage
21
CPR
See Cardiopulmonary Resuscitation
Creativity
Equipment
28
Program
27
Cribs
Furnishings
21
Isolation area
30
Mattress, covering
36
Night care
41
Rest periods
28
D
Days of Operation
6, 44
Death Reporting
7
Denial
44
Developmental History
36
Diapering
Infants and toddlers
37
Personal cleanliness
31
Timeliness
32
Diets
29
Discharge Policy
6
Discipline
See Child Guidance
Discrimination
6
Dishwashing
22
Disinfecting
Bodily secretions
31
Diaper pail
38
Diapering surface
38
Furnishings
21
Hand sanitizers
32
Potty chair
21
Wading pools
25
Disposable Cups
21
Drinking Water
21, 37
Driver of Vehicle
34
Drugs (non-rescribed controlled substance)
19
F
Fee Payment and Refund Policy
Feeding
Infants and toddlers
Night care
Field Trip
Authorization
Group size
Handwashing
Notification
Staff-to-child ratio
Fire Evacuation
Fire Protection
Firearms
First Aid
Injuries
Vehicle kit
Flashlight
Food
Allergy
Handling
Infants and toddlers
Meals and snacks
Night care
Preparation area
School-age care
Sources
Storage
Food Service Personnel
Orientation and training
Responsibilities and qualifications
Staff-to-child ratios
Formula
Frozen Foods
Furnace Room Door
Furnishings
Requirements
Sanitation
6
36, 37
41
10
18
32
8
18
20, 41
20
19
32
35
41
29
23
37
29
41
22, 33, 38
40
22
23, 33
17
23
18
37
23
20
21
20
G
Garbage Containers
General Liability Insurance
Grouping
Infants and toddlers
Night care
Requirements
School-age care
Supervision
Swimming
Guns
20
6
36
41
18
39
17
26
19
H
E
Early Learning Standards
Education Policy
Emergency
Information carried in vehicle
Lighting
Parental consent
Parental notification
Planned source of care
Policies, plans
Telephone numbers
Vehicle availability
Exception to Rule
Exit Lights
81
27
7, 9
34
41
10
32
32
7, 20, 35
19
19
1
20
Handwashing
Diapering and toileting
Field trips
Food service personnel
Health precautions
Personal cleanliness
Universal precautions
Harmful Materials
Hazards
Food storage
Indoor and outdoor premises
Off-premises outdoor play space
Outdoor play space
Health Care
Policy
Requirements
38
32
23
31
31
31
19
23
19
25
24
7
29
82
WISCONSIN ADMINISTRATIVE CODE
Health Care Policy
Health Examination
Children
Staff
Health History and Emergency Care Plan
High Chair
Horseback Riding
Hot Tub
Hours of Operation
30
32
15
10, 32
37
33
20
6, 44
I
Ill Child Procedure
Immunization
Individual Attention
Individualized Program
Indoor Space
Infants and Toddlers
Bottles
Grouping
Nitrates
Requirements for care
Injury
Medical log
Observation
Procedures
Reporting to department
Reporting to parents
Insect Repellent
Insecticide
Inspection
Building
Fire extinguishers
Licensing
Vehicle
Insurance
General and vehicle liability
Pets
Intellectual Growth
Isolation
30
10, 33
27
36
21
22
18
21
36
11
29
32
7
8
31
19, 23
19, 36
20
7, 48
35
6
33
27
30
J
Job Description
6, 16
K
Kitchens
22
L
Large Muscle Development
Equipment
Program
Laws
Lead-Based Paint
Leftovers
Liability Insurance
License
Amending
Continuation application
Denial or revocation
Initial application
Posting requirements
Summary suspension
Terms
Licensed Capacity
Literacy
28
27
6
20
23, 37
6
44
43
44
42
7
45
6
6, 44
27
M
Manipulative Skills Equipment
Meals and Snacks
28
Infants and toddlers
Night care
Requirements
School-age care
Medication
Recording administration
Requirements
Medication and Injury Log
Entries
Requirements
Review and documentation
Menu
Mildly Ill Child
Milk
Formula or breast milk
Portions
Standards
Substitutes
Mixed-Age Group
Months of Operation
37
41
29
40
11
30
30, 31, 32
11
32
29
30
37
29
22
37
18, 26
6, 44
N
Napping
Furnishings
Group size and staff-to-child ratio
Requirements
Night Care
Non-Mobile Child
Non-Owned Vehicle Liability Insurance
Nutrition Policy
21
18
28
41
37
6
7
O
Orientation
Documentation
Employees, substitutes, regularly-scheduled
volunteers
Evacuating sleeping children
Food service personnel
Policy
Volunteers and student teachers
Outdoor Play
Activities
Equipment
Group size and staff-to-child ratios
Infants and toddlers
Space requirements
Ownership of Center
9
16
41
17
7
15
27
28
18
37
24
44
P
Paint
Paper Towel
Parent
Access to center
Access to child records
Notifications
Opportunity for communication
Parent Cooperative
Parental Consent
Alternate arrival / release
Authorized pickup persons
Care of mildly ill child
Field trip
Lotions, powders, salves
Medical care
Medication administration
Release of confidential information
Research or testing
Sunscreen or insect repellent
Transportation
20
24
8
11
8, 17, 30, 32, 33
8, 36
12, 15
10, 39
17
30
10
38
10, 32
31
11
10
31
10
WISCONSIN ADMINISTRATIVE CODE
Personal Cleanliness
Personnel Policy
Pets
Physical Exam
Children
Staff
Physical Restraint
Plan of Correction
Playpen
Furnishings
Quantity
Rest periods
Poison
Policies
Available to parents
Development
Reflective of program
Pools
Potty Chair
Disinfecting
Quantity
Power Tools
Protective Measures
Publicity
31
6
33
32
15
28
7
21
36
28
19, 23, 32, 33
9
6
27
25
21
24
19
19
7, 9
Q
Qualifications
Administrator
Assistant child care teacher
Center director
Child care teacher
Continuing education
CPR certificate
Documentation
Food service personnel
Health examination
SBS prevention
School-age care
Substitute
Volunteer and student teacher
12
14
12
14
17
12
9, 15
23
15
12
39
15
15
R
Recording
Application of lotions, powders, etc.
38
Attendance
11
Medication and injury
11, 30, 31, 32
Records
Access
11, 48
Children
9
Confidentiality
11
Driving
34
Fire alarms, smoke detectors
20
Fire and tornado drills
20
Immunizations
33
Menus
29
Staff
9
Substitute hours
15
Volunteer hours
15
Refrigerator
22, 23
Registry
See The Registry
Religious Training
9
Remodeling
8, 19
Reports
To county department
11, 30
To department
7, 25, 30, 34, 44
To parents
8, 30
Research or Testing Project
10
Rest Periods
28
Revocation
44
Riflery
Routines
Documenting changes
Infants and toddlers
Night care
Programming
School-age care
Toilet training
83
33
36
37
41
27
40
37
S
Safety Gates
Safety Measures
Drinking water
Emergency lighting
Energy-absorbing surface
Exit lights
Fire protection
Food handling
Food storage
Stairs, walks, ramps, porches
Telephone
Transporting children with disabilities
Vehicle availability
Vehicle restraints
Written response plans
Sanitation
Bedding
Bottles and nipples
Dishwashing
Food contact surfaces
Hand sanitizers
Kitchen equipment and utensils
Personal care items
Schedule
Infants and toddlers
Night care
Program
School-age care
School-Age Care
Screens
Hot surface
Isolation area
Windows and doors
Seat Belt
Second Adult
Self-Contained Room
Infants and toddlers
Mildly ill care
Night care
Sidewalks
SIDS
Risk reduction procedures
Single Use Gloves
Single Use Towels
Single-Service Utensils
Sinks
Diapering
Meal preparation
Mildly ill care
Sleep Position
Sleeping
Evacuating children
Night care
Rest periods
Staffing and grouping
36
21
41
24, 28
20
20
23
23
19
19
35
19
34
20
20
29
22
22
22
32
22
32
36
41
27
39
39
19
30
21
34
18
36
30
41
19
7
31
23
22
38
22
30
36
41
41
28
18
84
Sleeping Bag
Furnishings
Isolation area
Night care
Rest periods
Sleeping Garment
Small Muscle Development
Equipment
Program
Smoke Detectors
Smoking
Snacks
Equipment and utensils
Night care
Requirements
School-age care
Snow Removal
Soap
Social Interaction
Equipment
Mealtimes
Program
Space
Change in use
Deduction for cribs
Exclusive use
Indoor requirements
Outdoor requirements
Staff Meetings
Staff Records
Staffing
Development
Ratios
Responsibilities and qualifications
Supervision
Stairs
Maintenance
Safety gates
Storage
Storage
Cleaning aids
Clothing, personal belongings
Cots, bedding, supplies, equipment
Food
Requirements
Student Teacher
Substitutes
Summary Suspension
Sunscreen
Supervision
Assistant child care teacher
Field trip
General requirements
Naptime
Pets or animals
School-age care
Staffing and grouping
Swimming
Vehicles
Support Staff
Swimming Areas
WISCONSIN ADMINISTRATIVE CODE
21
30
41
28
41
28
27
20
19
22
41
29
40
19
24, 32
28
29
27
19
36
19
21
24
17
9
16
18
12
17
19
36
20
23
21
21
23
20
15
15
45
31
17
14, 17
18
17
18
33
39
18
25
35
18
25
T
Tables
Telephone
Television
Temperature
21
19
27
Dishwashing
Food handling
Food storage
Inside
Outdoor - inclement weather
Terms of License
Testing
Fire alarms and smoke detectors
Health
Water
Written consent
The Registry
Thermometer
Cold storage
Dishwashers
Time Out
Toilet
Facilities
Sanitation
Toilet Training
Toothbrush
Tornado Drill
Toys
Equipment
Program - infants and toddlers
Sanitation
Transportation
Center-provided
Change in service
Parental authorization
Policy
22
23
23
19
27
6
20
16
21
10
15
23
22
27
23
20
37
32, 41
20
28
37
20
34
8
10
7
U
Universal Precautions
Urinals
Utensils
Infants and toddlers
Kitchen
Single-service
16, 31
23
37
22
22
V
Vehicle
Availability
Capacity and supervision
Emergency information
Food delivery
Insurance
Requirements
Vehicle Liability Insurance
Visits
Department
Parents
Volunteers
Responsibilities and qualifications
19
35
34
23
6
34, 35
6
48
8
12
W
Wading Pool
Washbasins
Wastepaper Container
Water
Watercraft
Well
Windows
25, 26
23
24
21
33
21
21
Z
Zoning
19
DCF-P-(PFS-205) (R. 01/2009)